56th  Congress,  )  SENATE.  (  Document 

1st  Session.     j  |    No.  392. 


MEMORIAL  OF  THE  EASTEEN  OR  EMIGRANT  CHEROKEES. 


May  22,  1900. — Referred  to  the  Committee  on  Indian  Affairs  and  ordered  to  be 

printed. 


Mr.  Morgan  presented  the  following 

MEMORIAL  OF  THE  EASTERN  OR  EMIGRANT  CHEROKEES,  SO 
CALLED,  PRAYING  FOR  THE  PAYMENT  TO  THEM  PER  CAPITA  OF 
THE  TRUST  FUND  DUE  UNDER  THE  NINTH  ARTICLE  OF  THE 
TREATY  OF  1846,  AND  APPROPRIATED  TO  THEM  JULY  2,  1836, 
AND  FOUND  DUE  BY  THE  AWARD  OF  THE  EXECUTIVE  DEPART- 
MENT OF  THE  UNITED  STATES  IN  PURSUANCE  OF  THE  CHER- 
OKEE AGREEMENT  OF  DECEMBER  19,  1891,  AND  THE  ACT  OF 
CONGRESS  OF  MARCH  3,  1893.    (27  STATS.,  643.) 


May  17,  1900. 

To  the  honorable  the  Senate  and  House  of  Representatives  in  Congress 
assembled : 

Your  memorialists,  the  Eastern  or  Emigrant  Cherokees  of  the  Indian 
Territory,  relying  firmly  on  our  vested  rights  under  the  accounting  ren- 
dered by  the  executive  department  April  28,  1894,  as  set  forth  in 
Senate  Docs.  Nos.  215, 282, 305, 308,  Fifty-sixth  Congress,  first  session, 
and  making  our  argument  in  such  memorials  a  part  hereof,  and  address- 
ing this  memorial  particularly  to  the  intent  and  true  construction  of 
the  treaty  of  1835  and  the  acts  of  Congress  relative  thereto,  and  the 
treaty  of  1816  in  settlement  of  the  Cherokee  difficulties,  and  particu- 
larly dealing  with  every  adverse  suggestion  known  to  your  petitioners, 
your  memorialists  respectfully  submit  the  following  statement: 

SYNOPSIS  OF  ARGUMENT  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 

I.  Article  8,  treaty  1828,  obliges  the  United  States  to  pay  for  removal 
and  subsistence  of  all  Cherokees  from  the  east  to  the  west. 

II.  This  was  the  fixed  policy  of  the  United  States  with  regard  to  all 
neighboring  tribes;  e.  g.,  Creeks,  Seminoles,  Choctaws,  Shawnees,  etc. 

III.  The  attempt  to  deduct  the  cost  of  removal  and  subistence  from 
$5,000,000  fund  offered  by  Senate  for  lands  and  possessions  resulted  in 
rejection  of  such  proposed  treaty  October  23, 1835,  even  the  leaders  of 
the  treaty  party,  Eidge  and  Boudinot,  opposing. 

IY.  The  treaty  party,  consisted  of  a  few  prominent  Cherokees,  who 
were  paid  over  $30,000  for  their  services,  in  negotiating  the  treaty  of 
1835.  They  made  treaty,  however,  on  express  condition  that  the 
question  whether  cost  of  removal  was  intended  to  be  charged  to  the 
85,000,000  fund  should  be  left  to  the  United  States  Senate. 


CLA5JiC5 
E 

2  MEMORIAL   OF  EASTERN  OR   EMIGRANT  CHEROKEES. 

(AW 

Y.  By  supplementary  articles  to  treaty,  the  United  States  Senate 
decided  it  did  not  intend  $5,000,000  fund  should  include  cost  of  removal. 

VI.  Congress,  July  2,  1836,  appropriated  $000,000  to  cover  cost  of 
spoliations  and  removal,  on  an  estimate  that  said  sum  was  more  than 
sufficient  to  pay  removal  and  leave  a  surplus  for  the  educational  fund 
(Article  3,  supplement). 

VII.  The  War  Department  (after  treaty  of  1835)  sustained  the  con- 
struction that  under  the  treaty  of  \S2S  subsistence  was  chargeable  to 
the  United  States  on  November  18,  1836,  in  advising  Cherokee  Indian 
Agent  B.  F.  Curry. 

VIII.  This  construction  was  fully  justified,  because  Article  8,  treaty 
1828,  was  not  modified  by  the  treaty  1835,  as  construed  by  the  Senate 
and  Congress,  and  because  the  purchase  money  could  not  be  right- 
fully used  to  pay  a  subsisting  obligation  of  the  United  States. 

IX.  The  War  Department,  September  12, 1837,  instructed  Van  Home, 
the  enrolling  agent,  to  advise  the  Cherokees  they  would  be  moved  and 
subsisted  at  the  expense  of  the  United  States,  and  on  the  terms  prom- 
ised by  Andrew  Jackson's  letter,  1835,  which,  among  other  things,  prom- 
ised them'  $150  per  capita.  The  payment  of  the  Slade-Bender  award 
in  addition  to  the  previous  per  capita  payment  of  1852,  excluding 
interest,  wrould  only  make  a  total  per  capita  payment  of  $124.78. 

X.  That  "  removal"  was  chargeable  to  the  United  States  is  further 
shown  by  the  letter  of  the  Secretary  of  War,  written  to  John  h'oss  and 
others,  May  18,  1838,  expressing  the  opinion  that  the  United  States 
ought  to  defray  the  expense  of  removal  of  the  Cherokees. 

XI.  It  is  further  shown  by  the  letter  of  the  Secretary  of  War  to  Gen. 
Win  field  Scott  sending  him  copy  of  the  proposals  made  to  Eoss,  and 
advising  him  to  make  arrangements  with  Eoss  so  as  to  protect,  not  the 
Cherokees  trust  fund,  but  the  interests  of  the  United  States,  and  avoid 
unnecessary  and  useless  expenditure,  but  arrange  for  a  comfortable 
removal. 

XII.  It  is  further  shown  by  the  estimate  of  the  Secretary  of  War  to 
Congress  for  a  sum  sufficient  to  pay  the  entire  cost  of  the  removal  and 
subsistence  of  every  Cherokee  under  date  May  25,  1838. 

XIII.  It  is  further  shown  by  the  resolution  of  the  House  of  Eepre- 
sentatives  asking  for  such  estimate,  on  May  23,  1S38. 

XIV.  It  is  further  shown  by  the  appropriation  of  June  12,  1838, 
made  by  Congress  on  such  estimate,  providing  a  sum  sufficient,  as  Con- 
gress then  believed,  to  pay  the  whole  cost  of  the  removal  and  subsist- 
ence of  the  entire  Cherokee  people,  to  wit,  $1,047,017. 

XV.  It  is  further  shown  by  the  resolutions  of  the  Cherokee  Council 
of  July  21,  July  26,  and  of  August  1,  1838,  in  which  it  is  manifest  that 
they  understood  that  their  self-emigration,  through  their  own  leaders, 
was  based  on  a  special  understanding  with  the  Secretary  of  War,  as 
proposed  to  John  Eoss,  and  that  it  was  to  be  paid  for  out  of  the  appro- 
priations  made  or  to  be  made  by  the  United  States  for  that  purpose. 

XVI.  it  is  certain  they  did  not  authorize  any  contract  to  be  made 
for  self-emigration  under  the  treaty  of  1835,  but  that  they  bitterly 
repudiated  such  treaty  and  its  alleged  trust  fund,  by  innumerable  pro- 
tests and  petitions  extending  from  1830  to  1840,  and  expressly  at  the 
very  time  and  date  under  consideration  when  the  Eoss-Scott  contract 
was  made,  to  wit,  July  21,  28,  and  August  1,  1838. 

X  N  il.  If  they  had  been  emigrating  themselves  under  the  treaty  of 
1835,  by  its  terms  tiny  would  have  been  restricted  to  $20  each  for 
removal  and  $33.33j\  each  for  subsistence. 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


3 


XVIII.  The  United  States,  as  trustee,  cau  not  exceed  the  sum  pre- 
scribed by  the  treaty  for  removal  and  subsistence,  or  permit  any 
extravagance  to  consume  the  trust  fund  due  to  the  individual  Cherokee 
per  capita. 

XIX.  The  theory  that  the  Cherokees  authorized  the  John  Ross  con- 
tract, and  are  responsible  for  any  extravagance  therein,  and  must  pay 
therefor  out  of  the  trust  fund  in  the  hands  of  the  United  States  is  a 
manifest  error. 

(a)  Because  the  Cherokee  Nation  under  John  Ross  authorized  no 
contract  under  such  treaty.  They  repudiated  the  treaty  of  1835,  and 
the  trust  fund  arising  thereunder,  at  the  time  such  contract  was  made, 
during  its  execution,  at  its  completion,  and  for  years  after  the  matter 
was  closed. 

(b)  More  than  that,  they  understood  on  July  21,  July  26,  and  August 
1,  1838,  and  November  11,  1810,  as  shown  by  their  resolutions  of  these 
dates,  that  the  cost  of  such  removal  would  be  paid  out  of  the  Treasury 
of  the  United  States. 

(c)  It  is  further  shown  by  their  demanding  indemnity  for  the  country 
pretended  to  have  been  ceded  in  1835  in  their  numerous  petitions,  an 
indemnity  which  was  promised  in  1811  by  President  Tyler  after  the 
settlement  of  the  amount  due  Ross  under  his  contract,  and  insisting  on 
indemnity  until  the  treaty  of  1816  was  made. 

XX.  It  is  said  the  contract  with  Ross  was  extravagant,  and  that  the 
removal  could  have  been  made  for  less  money  under  contract.  If  the 
contract  was  extravagant  it  would  not  relieve  the  United  States  from 
paying  the  sum  promised  nor  justify  charging  extravagance  to  cestui 
qui  trust.  But  it  was  not  extravagaut  from  a  government  standpoint. 
It  would  have  cost  the  United  States  twice  as  much  as  the  John  Ross 
contract  to  have  delivered  these  people  in  Indian  Territory  by  military 
force.  They  were  intensely  excited.  The  four  adjacent  States  appre- 
hensive of  a  great  Indian  war.  The  Ross  contract  gave  peace  to  four 
States,  and  caused  the  immediate  dismissal  of  a  large  army,  with  its 
vast  expense.  General  Scott  explains  a  desolating  drought  immensely 
increased  the  expense  of  the  Ross  contract,  and  on  his  testimony  it  was 
paid.  Over  600  burials  helped  to  delay  the  thirteen  Ross  detachments. 
Any  complaints  against  the  justice  of  this  contract  must  be  silenced 
by  the  act  of  President  Tyler  in  ordering  it  paid. 

XXI.  Commissioner  Medill  asserts  the  $600,000  and  $1,047,000  was 
an  increase  in  the  purchase  money  of  the  Cherokee  lands  and  a  com- 
promise with  the  Cherokees.  This  is  a  gross,  if  not  willful,  error,  con- 
tradicted by  the  history  above  recited  and  supported  by  no  good  reason. 

(a)  Commissioner  Medill  offers  the  correspondence  preceding  the 
proposed  treaty  of  October  23,  1835,  wherein  it  was  proposed  to  deduct 
the  cost  of  removal  from  the  price  of  the  lands  to  justify  his  position. 
This  is  completely  disposed  of  by  the  fact  that  such  proposed  treaty 
was  rejected  even  by  Ridge  &  Boudinot,  on  this  very  account,  among 
others. 

(b)  Commissioner  Medill  quotes  Senator  White's  report  to  support 
his  position.  Senator  White  calls  the  appropriation  of  June  12,  1838, 
a  voluntary  grant,  and  says  the  amount  paid  the  Cherokees  was  liberal 
under  the  treaty  of  1835,  as  the  difference  in  value  beticeen  the  coun- 
tries exchanged  by  that  treaty.  The  answer  to  this  is  that  Senator 
White  was  not  passing  on  the  points  involved,  and  had  no  intention  to 
express  an  opinion  as  to  the  construction  of  the  treaty  of  1828  or  1835, 
but  gave  a  bad  reason  for  a  good  action,  in  supporting  the  estimate  of 
the  Secretary  of  War.    He  over  estimated  what  the  Eastern  Cherokees 

L'RST 


4 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


received  under  that  treaty  by  14,000,000  acres  of  laud,  as  there  was  no 
exchange  of  land  by  the  treaty  of  1835.  His  report  concedes  that  he 
was  not  informed  on  the  treaty  of  1835  in  various  particulars,  e.  g.,  the 
$000,000  fund,  the  commutation  of  annuity,  etc. 

(c)  Commissioner  Medill  fails  to  quote  the  very  important  report  of 
the  Committee  on  Indian  Affairs  of  February  19,  1847,  which  had  this 
exact  point  under  consideration,  and  which  found  in  favor  of  the  Chero- 
kees.  (Jarnigan.) 

(d)  Commissioner  Medill  fails  to  quote  the  report  made  by  the  special 
commission— Adjutant  General  Jones,  Colonel  Mason,  and  Governor 
Butler — to  examine  into  the  complaints  of  the  Cherokees,  and  who  found 
in  favor  of  Cherokees  January  15,  1845,  on  very  points  at  issue  in  elab- 
orate report. 

(e)  Commissioner  Medill  fails  also  to  quote  the  numerous  reasons 
hereinabove  set  forth,  which  would  have  forced  him  to  a  different  con- 
clusion had  he  considered  them. 

(/)  His  report  shows  numerous  errors,  as  shown  in  detail  hereinafter, 
the  juggling  of  the  accounts,  etc.  Yet  on  this  report  the  Auditor  and 
Comptroller,  taking  him  as  their  declared  authority,  made  the  error  of 
charging  trust  fund  with  removal. 

[g)  Congress  corrected  a  part  of  this  (Commissioner  MedilPs)  error  on 
September  30,  1850,  as  to  subsistence;  a  part  on  February  27,  1851,  as 
to  sums  paid  Government  agents,  and  the  Interior  Department  corrects 
the  last  error,  as  to  "removal,"  in  the  Slade-Bender  report  of  April  28, 
1894,  the  refunding  of  which  to  the  trust  fund,  with  interest,  is  now 
demanded. 

(h)  Commissioner  Medill  quotes  General  Scott  and  draws  the  inference 
that  General  Scott  had  advised  Cherokees  that  the  United  States  would 
use  trust  fund  after  exhaustion  of  appropriation  for  removal.  General 
Scott  in  letters  of  August  1  and  2  refers  only  to  appropriations  for 
removal,  and  only  spoke  to  Boss  of  trust  fund  November  15,  1835,  one 
hundred  and  seven  days  subsequent  to  the  contract  of  August  1,  1838. 

ARGUMENT. 

It  is  impossible  to  comprehend  the  treaty  of  1835  in  its  relations  to 
the  Indians  and  to  the  United  States  except  in  the  light  of  its  history. 

On  December  29,  1835,  the  Cherokee  Nation  owned  the  following 
land,  which  was  ceded  by  that  treaty  to  wit: 


Acres. 

In  Tennessee   949,  760 

In  Georgia   4,609,280 

In  Alabama   1,611,520 

In  North  Carolina   711,  680 


A  total  of  acres   7,  882,  240 


(Page  378,  History  of  the  Cherokee  Indians,  Bureau  of  ethnology.) 

On  this  land  the  Cherokees  had  over  $2,000,000  in  improved  farms, 
houses,  orchards,  mills,  etc.,  which  with  the  land  they  thought  worth 
$20,000,000  (p.  96,  Senate  Doc.  No.  120,  Twenty- fifth  Congress,  second 
session).  The  Cherokees  estimated  the  land  at  10,000,000  of  acres;  it 
w  as  splendidly  watered,  line  climate,  had  great  forests  of  valuable  tim- 
ber, inexhaustible  quarries  of  marble;  but  above  all,  at  that  time  there 
was  much  excitement  over  the  gold  mines  in  the  Cherokee  country. 
They  say  in  their  memorial  (p.  40): 

The  riches  of  the,  gold  mines  are  inealenl:il)le.  Some  of  the  lots  of  40  acres  of  land, 
embracing  gold  mines  whirl)  have  been  surveyed  and  disposed  of  by  lottery  under 
the  authority  of  Georgia  (with  the  incumbrance  of  the  Indian  title),  have  been  sold 
for  upward  of  $80,000,  etc.  (House  Doc.  No.  286,  Twenty-fourth  Congress,  first  ses- 
sion, vol.  7,  p.  13.) 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


5 


The  right  of  the  Oherokees  was  established  over  the  violent  laws  of 
Georgia,  which  provided  for  distributing  the  Cherokee  lands  among  the 
citizens  of  Georgia,  depriving  the  Cherokees  of  every  civil  right,  etc.,  by 
the  Supreme  Court  of  the  United  States  in  Worcester  v.  Georgia.  This 
decision  declared  the  legislation  of  Georgia  unconstitutional  and  void 
and  the  Cherokee  treaties  in  full  force. 

Georgia  refused  to  submit  to  the  decision  of  the  Supreme  Court  on 
the  ground  that  she  was  a  sovereign  independent  State. 

PRESIDENT  JACKSON'S  DILEMMA. 

President  Jackson  was  in  a  serious  dilemma — either  to  coerce  Georgia 
to  respect  the  Federal  treaty  with  the  Cherokees,  break  faith  with  the 
Cherokees,  or  make  a  new  treaty  with  them. 

J.  F.  Schermerhorn  and  Governor  William  Carroll  were  authorized  to 
negotiate  a  new  treaty  March,  1835,  after  various  propositions  had 
failed.  General  Carroll  being  sick,  Mr.  Schermerhorn  assumed  the 
responsibilities  of  the  negotiations  alone.  He  was  limited  by  a  resolution 
of  the  United  States  Senate  of  March  6,  1835,  to  an  offer  of  85,000,000  for 
their  lauds  and  possessions.  This  the  Cherokees  were  not  willing  to 
accept.  Meeting  with  no  substantial  encouragement,  he  suggested,  in 
a  communication  to  the  Secretary  of  War  on  September  10,  1835,  two 
alternative  propositions,  by  either  of  which  a  treaty  might  be  secured. 

These  propositions  were  (1)  that  the  appraising  agents  of  the  Govern- 
ment should  ascertain  from  influential  Cherokees  their  own  opinion  of 
the  value  of  their  improvements,  and  promise  them  the  amount  if  this 
estimate  should  be  in  any  degree  reasonable  and  if  they  would  take  a 
decided  stand  in  favor  of  the  treaty  and  conclude  the  same;  (2)  to  con- 
clude the  treaty  with  a  portion  of  the  nation  only  should  one  with  the 
whole  be  found  impracticable,  and  compel  the  acquiescence  of  the 
remainder  in  its  provisions.  He  was  at  once  advised,  on  September  26, 
1835,  of  the  opposition  of  the  President  to  any  such  action.  He  must 
make  no  particular  promise  to  any  individual,  high  or  low,  to  gain  his 
cooperation.  The  interest  of  the  whole  must  not  be  sacrificed  to  the 
cupidity  of  a  few,  and  if  a  treaty  was  concluded  at  all  it  must  be  one 
that  would  stand  the  test  of  the  most  rigid  scrutiny.  (History  Chero- 
kee Indians,  Ethnological  Bureau,  p.  280.) 

RED  CLAY  COUNCIL. 

On  October  23,  1835,  at  Red  Clay,  the  Cherokee  people  in  full  council 
rejected  the  Ridge  treaty,  to  which  much  reference  has  been  made  and 
which  proposed  that  removal  and  subsistence  should  be  deducted  from 
the  $5,000,000  fund.  Even  John  Ridge  and  Elias  Boudinot  went  with 
their  people  against  this  treaty.  Mr.  Schermerhorn  on  his  own  account, 
and  contrary  to  the  Cherokee  law  which  placed  the  calling  of  the  council 
in  the  hands  of  the  principal  chief,  called  a  so-called  council  at  Echota, 
on  December  22, 1835.  Only  a  few  were  present.  The  Cherokees'  regu- 
lar council  having  sent  John  Ross  and  a  delegation  to  Washington,  to 
negotiate  with  the  Government,  Schermerhorn  prevented  the  Ross 
delegation  being  received  at  Washington,  and  drew  up  a  treaty  of 
December  29,  1835,  in  which  he  disobeyed  his  instructions  from  the 
President,  using  not  only  bribes  and  threats  but  other  unfair  means. 
He  reports  himself  that  he  told  the  Indians  that  their  country  "has 
already  been  virtually  sold  by  the  chiefs"  (p.  461,  Senate  Doc.  iso. 
120,  Twenty-fifth  Congress,  second  session.) 


6 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


He  says,  in  regard  to  making  a  treaty,  October  27,  1835  (p.  484,  Sen- 
ate Doc.  No.  120): 

The  only  hope  I  have  of  accomplishing  it  now  is  the  fear  of  the  Indians  of  Georgia 
legislation.  Alabama  and  Tennessee,  I  think,  will  also  pass  some  wholesome  laws  to 
quicken  their  movement. 

With  the  small  meeting  which  Schermerhorn  collected  at  Echota  he 
concluded  a  treaty  on  the  29th  of  December,  1835,  with  a  delegation 
composed  of  John  Kidge,  Elias  Boudinot,  Archilla  Smith,  etc.,  who 
represented  some  three  hundred  people  in  favor  of  emigration  and  which 
appears  on  the  face  of  the  treaty  was  not  the  delegation  authorized  by 
the  Cherokee  people. 

On  December  31,  1835,  Mr.  Schermerhorn  says: 

The  whole  of  the  expenditures  since  I  have  been  in  the  nation  negotiating,  not 
including  my  own  services,  etc.,  or  that  of  the  secretary,  amounting  to  about  $3,000; 
and  I  believe  all  the  accounts  are  in  and  settled  up  to  this  day,  having  made  myself 
personally  responsible  to  the  disbursing  agent  tor  all  advances,  above  the  money  in 
his  hands,  for  this  service  (p.  496,  Senate  Doc.  120). 

In  point  of  fact.  J.  F.  Schermerhorn  paid  the  following  persons  for 
services  and  expenses  in  negotiating  and  concluding  the  treaty  with 
the  Cherokee  Indians,  dated  December  29,  1835. 


W.  H.  Underwood,  attornev  for  the  Cherokee  Nation   $472.  00 

Do  .   298.75 

James  Starr   1,681.00 

Andrew  Ross  ,   2,  760.  00 

James  A.  Foreman   1,  315.  00 

John  Gunter   1,315.00 

Longshell  Turtle    1,  315.  00 

Joshwav  Rogers   2,175.00 

John  Smith   2,  175.00 

William  S.  Coodv   1,  407.  00 

E.  Boudinot   1,550.00 

John  A.  Bell   1,  200.00 

William  Rogers   1,310.00 

Robert  Sanders   1,  200.  00 

Tayeskev   1,200.00 

James  Foster  '.   1,200.00 

John  Fields   1,300.00 

Major  Ridge   1,280.00 

George  Welch   1,200.00 

John  Ridge   2,  C54.  87 

Stand  Watie   1,419.00 

James  Fields   1,200.00 


He  acted  as  attorney  for  Boudinot,  Bell,  Kogers,  Sanders,  Tayeskey, 
Foster,  Fields,  Major  Ridge,  George  Welch,  John  Ridge,  Stand  Watie, 
James  Fields,  and  received  for  them  over  $16,000.  He  thus  paid  to 
the  leaders  of  the  so-called  treaty  party  something  over  $30,000  for 
their  u services  and  expenses"  in  negotiating  and  concluding  that 
treaty.  (See  p.  1034,  Senate  Doc.  No.  120,  Twenty-fifth  Congress,  Sec- 
ond session,  and  Senate  Doc.  No.  101),  Twenty-fifth  Congress,  Third  ses- 
sion, vol.  3. ) 

M;ij.  W  illiam  M.  Davis,  an  agent  of  the  Secretary  of  War  in  the 
Cherokee  country,  on  March  5,  1830,  informed  the  Secretary  of  War  as 
follows  (p.  27) : 

I  conceive  that  my  duty  to  the  President,  to  yourself,  and  to  my  country  reluc- 
tantly compels  me  to  make  ;i  Btatement  in  relation  to  a  meeting  of  a  small  number 
of  CheroUees  at  Kchota  last  December,  who  were  met  by  Mr.  Schermerhorn  and 
articles  of  ;i  general  treaty  entered  into  between  them  lor  the  whole  Cherokee 
Nation.    *    *  * 

I  should  not  interpose  in  the  matter  at  all,  but  I  discover  that  yon  do  not  receive 
Impartial  information  on  the  subject;  that  yon  ha  ve  to  depend  upon  the  ex  parte, 
partial,  and  interested  reports  of  a  person  who  will  not  give  you  the  truth.    I  will 


"MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


7 


not  be  silent  when  I  see  that  yon  are  about  to  be  imposed  on  by  a  gross  and  base 
betrayal  of  the  high  trust  reposed  iu  Rev.  J.  P.  Scheraterhoru  by  you.    '"    *  'v 

Sir,  that  paper  *  *  *  called  a  treaty  is  no  treaty  at  all  because  not  sanc- 
tioned by  the  great  body  of  the  Cherokees  and  made  without  their  participation 
or  assent.  I  solemnly  declare  to  you  that  upou  its  reference  to  the  Cherokee  peo- 
ple it  would  be  instantly  rejected  by  nine-tenths  of  them,  and,  I  believe,  by 
nineteen-twentieths  of  them.  There  were  not  present  at  the  conclusion  of  the  treaty 
more  than  100  Cherokee  voters,  and  not  more  than  30o  including  women  and  children, 
although  the  weather  was  everything  that  could  be  desired.  The  Indians  had  long 
been  notified  of  the  meeting,  and  blankets  were  promised  to  all  who  would  come 
and  vote  for  the  treaty.  The  most  cunning  and  artful  means  were  resorted  to  to 
couceai  the  paucity  of  numbers  present  at  the  treaty,  etc. 

Brig.  Gen.  R.  G.  Dunlap,  in  a  speech  to  his  brigade  September,  1S36, 
at  their  disbandment,  said  (p.  27): 

I  had  determined  that  I  would  never  dishonor  the  Tennessee  arms  in  a  servile  serv- 
ice by  aiding  to  carry  into  execution  at  the  point  of  the  bayonet  a  treaty  made  by  a 
lean  minority  against  the  will  and  authority  of  the  Cnerokee  people.  *  *  *  I 
soon  discovered  that  the  Indians  had  not  the  most  distant  thought  of  war  with  the 
United  States,  notwithstanding  the  common  rights  of  humanity  and  justice  had 
been  denied  them. 

Gen.  John  E.  Wool,  of  the  United  States  Army,  February  18,  1837, 
wrote  to  Adjutant-General  Jones  at  Washington,  speaking  of  the 
Cherokees  (p.  27): 

It  is,  however,  vain  to  talk  to  a  people  almost  universally  opposed  to  the  treaty, 
and  who  maintain  that  they  never  made  such  a  treaty. 

John  Mason,  jr.,  who  was  sent  on  July  15, 1837,  as  a  confidential  agent 
of  the  War  Department  to  observe  and  report  on  the  Cherokees,  reported 
on  September  25,  1837,  as  follows: 

The  chiefs  and  better-informed  part  of  the  nation  are  convinced  that  they  can  not 
retain  the  country,  hut  the  opposition  to  the  treaty  is  unanimous  and  irreconcilable. 
They  say  it  can  not  bind  them,  because  they  did  not  make  it;  that  it  was  made  by  a 
few  unauthorized  individuals;  that  the  nation  is  not  a  party  to  it.    *    *  * 

The  influence  of  this  chief  (John  Ross)  is  unbounded  and  unquestioned.  The 
whole  nation  of  18,000  persons  is  with  him;  the  few,  about  300,  who  made  the  treaty 
having  left  the-  country.  It  is  evident,  therefore,  that  Ross  and  his  party  are  in 
fact  the  Cherokee  Nation.  *  *  *  The  officers  say  that  with  all  his  power,  Ross 
can  not,  if  he  would,  change  the  course  he  has  heretofore  pursued,  and  to  which  he 
is  held  by  the  fixed  determination  of  his  people.  He  dislikes  being  seen  in  conversa- 
tion with  white  men,  and  particularly  with  agents  of  the  Government.  Were  he,  as 
matters  now  stand,  to  advise  the  Indians  to  acknowledge  the  treaty  he  would  at 
once  forfeit  their  confidence  and  probably  his  life.  Yet,  though  unwavering  in  his 
opposition  to  the  treaty,  Ross's  influence  has  constantly  been  exerted  to  preserve  the 
peace  of  the  country,  and  Colonel  Lindsey  says  that  he,  Ross,  alone  stands  at  this 
time  between  the  whites  and  bloodshed.  The  opposition  to  the  treaty  on  the  part  of 
the  Indians  is  unanimous  and  sincere,  and  it  is  not  a  mere  political  game  played  by 
Ross  for  the  maintenance  of  his  ascendency  in  the  tribe. 

(History  Cherokee  Indians,  Ethno.  Bureau,  286.) 

Many  were  the  public  men  who  denounced  in  the  most  vigorous  terms 
the  policy  of  the  Administration  toward  the  Cherokees;  for  example, 
Daniel  Webster  and  Edward  Everett,  of  Massachusetts;  Theodore 
Frelinghuysen,  of  Xew  Jersey;  Peleg  Sprague,  of  Maine;  Henry  E. 
Storrs,  of  2sew  York;  Henry  A.  Wise,  of  Virginia;  David  Crockett,  of 
Tennessee.  Tennessee  being  one  of  the  States  interested,  it  was  not  to 
be  expected  that  one  of  her  representatives  would  have  protested,  but 
David  Crockett,  in  a  speech  in  the  House  of  Representatives,  denounced 
the  treatment  to  which  the  Indians  had  been  subjected  at  the  hands  of 
the  Government  as  unjust,  dishonest,  cruel,  and  short-sighted  in  the 
extreme.  He  alluded  to  the  fact  that  he  represented  a  district  which 
bordered  on  the  domain  of  the  southern  tribes,  and  that  his  constitu- 
ents were  perhaps  as  immediataly  interested  in  the  removal  of  the 
Indians  as  those  of  any  other  member  of  the  House.  His  voice  would 
perhaps  not  be  seconded  by  that  of  a  single  fellow  member  living  within 


8 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


500  miles  of  bis  home.  He  had  been  threatened  that  if  he  did  not  sup- 
port the  policy  of  forcible  removal  his  public  career  would  be  summarily 
cut  off.  But  while  he  was,  perhaps,  as  desirous  of  pleasing  his  constit- 
uents and  of  coinciding  with  the  wishes  of  his  colleagues  as  any  man  in 
Congress,  he  could  not  permit  himself  to  do  so  at  the  expense  of  his 
honor  and  conscience  in  support  of  such  a  measure.  (History  of  Gher- 
okees,  Ethnological  Bureau,  p.  288.) 

With  overwhelming  evidence  of  fraud  and  that  the  treaty  was  not 
recognized  by  the  Cherokees.  it  is  almost  unnecessary  to  present  the 
numerous  Cherokee  protests  and  memorials,  except  for  the  sake  of  the 
record.    The  principal  memorials  are  as  follows  (p.  25,  29,  39,  41,  etc.): 

March  8, 1836,  H.  Doc.  286,  Twenty-fourth  Congress,  first  session,  volume  7. 
Jime  21,  1836,  H.  Doc.  286.  Twenty-fourth  Congress,  first  session,  volume  7. 
September  28,  1836,  H.  Doc.  99,  Twenty-fifth  Congress,  secoud  session,  volume 5,  p.  10. 
September  30, 1*36,  H.  Doc.  99,  Twenty-fifth  Congress,  second  session,  volume  5,  p.  7. 
December  8, 1836,  H.  Doc.  99,  Twenty-fifth  Congress,  second  session,  volume  5,  p.  14. 
February  22. 1837,  H.  Doc.  99,  Twenty-fifth  Congress,  second  session,  volume  5,  p.  4. 
December  15. 1837,  H.  Doc.  99,  Twenty-fifth  Congress,  second  session,  volume  5,  p.  1. 
August  8,  1837,  H.  Doc.  99,  Twenty-fifth  Congress,  second  session  volume  5,  p.  15. 
March  16,  1837,  H.  Doc.  99,  Twenty- fifth  Congress,  second  session,  volume  5,  p.  18. 
February  22,  1838,  H.  Doc.  316,  Twenty-fifth  Congress,  second  session,  volume  9. 

The  sum  and  substance  of  these  petitions  is  to  set  forth  tbe  fact  that 
the  Cherokees  under  the  treaties  with  the  United  States  owned  their 
lands  and  property;  that  Georgia  determined  to  possess  them  and 
passed  laws  depriving  the  Cherokees  of  every  right  of  property  and 
liberty,  and  that  their  appeals  to  the  United  States  were  in  vain;  that 
the  treaty  of  1835  was  made  in  defiance  of  the  laws  and  customs  of  the 
Cherokees;  was  not  made  by  the  Cherokee  people;  was  not  consented 
to  by  them,  and  was  a  fraud  upon  the  United  States  and  upon  the 
Cherokee  Nation. 

In  their  first  protest  of  March  8,  1836,  among  other  things,  they  say: 

To  the  honorable  the  Senate  of  the  United  States  of  North  America  in  Congress  assembled : 
This  memorial  aud  protest  of  the  Cherokee  Nation,  by  their  duly  authorized  dele- 
gates, fully  empowered  and  sent  by  said  nation  to  negotiate  a  treaty  arrangement 
with  the  United  States,  respectfully  showeth : 

That  since  they  left  their  nation  for  Washington  City  the  Rev.  John  F.  Sehermer- 
horn,  the  United  States  commissioner,  convened  a  few  of  the  Cherokee  people  at 
New  Echota.  and  entered  into  a  contract  with  them  in  the  form  of  a  treaty,  which 
has  been  submitted  to  your  honorable  body  for  ratification.  This  instrument  pur- 
ports to  be  a  contract  with  the  Cherokee  people,  when  in  fact  it  has  been  agreed 
upon  in  direct  violation  of  their  will,  wishes,  and  interests  by  a  few  unauthorized 
individuals  of  the  nation,  as  will  be  made  manifest  in  this  memorial  and  protest. 

During  the  last  winter  the  Cherokees  had  a  regular  delegation  at  Wash- 
ington City,  composed  of  John  Ross,  principal  chief;  Richard  Taylor,  Samuel  (hun- 
ter, William  Rodgers,  and  Daniel  McCoy,  as  may  be  also  seen  among  the  recited 
documents,  vested  with  powers  to  negotiate  a  treaty  with  the  United  States.  They 
made  two  propositions— t he  one  for  a  partial  cession  and  to  be  secured  in  the  resi- 
due; the  other,  upon  a  basis  not  authorized,  but  proposed  conditionally,  to  sell  the 
whole  country  for  a  gross  sum  of  money. 

The  President  thought  the  amount  asked  extravagant.  The  delegation  requested 
that  he  should  bring  the  matter  before  the  Senate  and  take  their  advice  as  to  what 
should  be  done  under  all  the  circumstances.  To  do  this  the  delegation  are  informed  he 
declined,  yet  the  matter  was  gotten  before  the  Senate,  not  in  the  way  the  delegation 
had  asked  or  expected,  and  that  body  by  resolution  expressed  an  opinion  that  a  sum 
not  exceeding  $5,0  '0.000  ought  to  be  allowed  for  the  Cherokee  country.  I  bit  before 
this  was  done  Johu  Ridge,  Archilla  Smith,  Elias  Boudinot,  S.  W.  Bell,  John  West, 
Williams  A.  Davis,  and  Ezekiel  West,  individuals  of  the  Cherokee  Nation,  without 
authority  from  the  nation,  had  made  their  appearance  in  Washington  City  and  with 
them  the  Government  had  commenced  a  negotiation  for  a  treaty.  The  delegation 
hare  been  informed  that  anterior  to  the  matter  being  brought  before  the  Indian 
Committee,  the  Wai  Department  had  agreed  with  the  above  individuals  upon  a 
treaty  at  $4,000,000,  and  perhaps  less,  and  that  their  willingness  to  receive  that  suni 
w;i^  made  known  to  the  Senate.    What  inlluenee  the  fact  had  upon  the  action  of 


MEMORIAL   OF  EASTERN   OR  EMIGRANT  CHEROKEES. 


that  body  the  delegation  pretend  not  to  determine,  bat  of  one  thing  they  are  sure,  if 
it  had  any,  it  could  not  be  for  the  interests  of  the  C  herokee  people. 

On  the  14th  of  March,  1835,  only  ten  days  after  the  opinion  of  the  Senate  as  to 
the  price  that  ought  to  be  given,  the  United  States  entered  into  articles  of  a  treaty 
with  the  before-named  individuals,  which  were,  by  the  President  of  the  United 
States,  directed  to  be  submitted  to  the  Cherokee  Nation  of  Indians  for  their  consid- 
eration and  approbation,  etc.    *    *  * 

At  great  length  the  details  of  oppression,  threats,  violence,  arrest, 
and  imprisonment  is  set  forth,  with  a  history  of  how  the  pretended 
treaty  was  made,  and  they  close  as  follows: 

The  delegation  are  sure  it  can  not  be  the  wish  of  the  Senate  of  the  United  States 
to  ratify  and  have  enforced  upon  the  unoffending  Cherokee  people  a  treaty  made 
without  their  authority,  false  upon  its  face  and  against  the  known  wishes  of  the 
nation.  Such  is  the  instrument  submitted  to  your  honorable  body.  For  the  truth 
of  this  statement,  should  the  Senate  require  further  proof,  it  can  be  obtained  from 
numerous  persons  of  unimpeachable  integrity  and  veracity.  But  if  it  be  the  fate 
of  the  Cherokee  people,  and  the  decree  has  gone  forth  that  they  must  leave  their 
homes  and  native  land  and  seek  a  new  residence  in  the  wilds  of  the  Far  West,  with- 
out their  consent,  let  them  be  expelled  and  removed  by  an  act  of  Congress,  that 
they  or  their  posterity  in  after  times  may  have  some  claims  upon  the  magnanimity 
of  the  American  people. 

The  delegation  do  solemnly  declare  they  would  consider  such  an  act  preferable  and 
more  humane  than  the  ratification  and  enforcement  of  a  fraudulent  treaty  false  upon 
its  face  and  made  without  the  consent  of  one  of  the  professed  contracting  parties. 
The  past  history  of  the  United  States  furnishes  admonition  against  the  ratification 
of  treaties  made  with  unauthorized  individuals.  Resting  upon  the  sacred  rights  of 
the  Cherokee  Nation  so  often  recognized,  and  solemnly  guaranteed  on  the  faith  of 
treaties,  the  delegation  now  appeal  to  the  sympathies,  the  honor,  the  good  faith  and 
magnanimity  of  the  United  States  to  preserve  and  protect  their  Nation  from  fraud, 
rapine,  plunder,  and  destruction.  We  are  all  children  of  the  same  Great 

Parent  and  bound  to  be  kind  to  each  other  without  regard  to  the  situation  in  which 
we  may  be  placed.  If  an  earthly  parent  have  a  child  unfortunately  weak  and  poor, 
how  would  he  feel  to  see  the  brothers  of  that  child  abusing  it  for  its  misfortunes, 
insulting  its  feelings,  exulting  in  their  own  superiority,  curling  the  lip  of  scorn 
with  a  significant  cant  of  the  head  at  its  earnest  supplications  for  justice?  Let 
every  man's  own  heart  give  him  the  answer.  You  have  before  you  that  unfortunate 
child  in  the  weak  and  dependent  Cherokees. 

With  hands  elevated  toward  the  throne  of  grace  and  mercy  we  all  supplicate, 
saying : 

"Our  brothers,  is  it  true  you  will  drive  us  from  the  land  of  our  nativity  and  from 
the  tombs  of  our  fathers  and  our  mothers  ?  We  know  you  possess  the  power,  but  by 
the  tie  that  unites  us  yonder,  we  implore  you  to  forbear." 

This  prayer  is  a  sample  of  the  others. 

It  should  be  observed  that  the  Western  Cherokee  Nation,  to  whom 
had  been  conveyed  the  western  lands,  joined  with  the  Eastern  Chero- 
kee Nation  in  their  protest  against  the  alleged  treaty  of  1835. 

The  Cherokee  Nation  both  East  and  West  continued  to  protest 
against  the  treaty  of  1835,  declaring  it  void,  until  the  treaty  of  1846 
was  entered  into,  filing  numerous  petitions  setting  this  forth  in  various 
ways  to  which  reference  is  here  made. 

June  9, 1838;  page  29,  H.  Doc.  129';  Twenty-sixth  Congress,  first  session. 
June  11,  1838;  page  31,  H.  Doc  129;  Twenty-sixth  Congress,  first  session. 
July  21,  1838;  page  34,  H.  Doc.  129;  Twenty-sixth  Congress,  first  session. 
August  1.  1838;  page  37,  H.  Doc.  129;  Twenty-sixth  Congress,  first  session. 
June  13, 1839;  page  50,  H.  Doc.  129;  Twenty-sixth  Congress,  first  session. 
February  28, 1840 ;  pagel;  H.  Doc.  129;  Twenty-sixth  Congress,  first  session. 
November  11, 1840;  page  48,  H.  Rep.  1098;  Twenty-seventh  Congress,  second  session. 
January  23, 1843;  page  —  H.  Doc.  93;  Twenty-seventh  Congress,  third  session. 
March  30, 1844;  H.  Doc.  235;  Twenty-eighth  Congress,  first  session.    Volume  5. 
April  13, 1844;  H.  Doc.  234:  Twenty-eighth  Congress,  first  session.    Volume  5. 
February  22, 1845;  S.  Doc.  140;  Twenty-eighth  Congress,  second  session.    Volume  8. 
April  30, 1846 ;  S.  Doc.  331;  Twenty-ninth  Congress,  first  session.    Volume  7. 

And  when  the  treaty  of  184G  was  pending  the  only  thing  upon  which 
the  Cherokee  Nation  East,  the  Cherokee  Nation  West,  and  the  so-called 


10  MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


treaty  party  were  entirely  agreed  was  that  the  cost  of  removal  and 
subsistence  were  not  chargeable  to  the  trust  fund.  A  copy  of  which 
their  several  positions  is  hereto  attached  as  exhibits,  taken  from  their 
proposals  in  the  settlement  of  1846  (p.  53). 

To  comprehend  the  position  of  the  Eastern  Cherokees  it  has  been 
necessary  to  show  that  until  the  treaty  of  1846  was  entered  into  they 
gave  no  recognition  to  the  treaty  of  1S35,  and  even  as  individuals  before 
accepting  payment  for  their  individual  property  they  did  on  August 
1,  1838,  pass  the  following  resolution: 

Resolved  further,  That  the  Cherokee  people,  in  consenting  to  an  investigation  of 
their  individual  claims,  and  receiving  payment  upon  them,  and  for  their  improve- 
ments, do  not  intend  that  it  shall  be  so  construed  as  yielding  or  giving  their  sanc- 
tion or  approval  to  the  pretended  treaty  of  1S35,  nor  as  compromising  in  any 
manner  their  just  claims  against  the  United  States  hereafter,  for  a  full  and  satis- 
factory iiidemnitication  for  their  country,  and  for  all  individual  losses  and  injuries. 

And  in  their  memorial  of  February  28,  1810,  above  referred  to,  they 
pray  for  (p.  46) — 

u  Indemnification  for  the  country  which  has  been  taken  away  from 
them  east  of  the  Mississippi,  etc.,'7  in  response  to  which  they  finally  suc- 
ceeded in  obtaining  a  promise  from  President  John  Tyler,  of  a  new 
treaty  that  should  be  satisfactory  and  just.  The  President  says  in  this 
letter  of  September  20,  1841  (H.  Rep.  288,  Twenty-seventh  Congress, 
third  session) : 

Upon  the  ratification  of  the  treaty  contemplated  which  shall  give  to  the  Chero- 
kee Nation  full  indemnity  for  all  wrongs  which  they  may  have  suffered,  etc.,  I  shall 
rejoice,  etc. 

On  December  20,  1842  (see  p.  22,  H.  R.  Ex.  Doc,  234,  Twenty- 
eighth  Congress,  first  session,  vol.  5),  John  Ross,  principal  chief,  hav- 
ing been  requested  to  lay  before  the  National  Council  a  statement  of 
the  amount  of  money  received  by  him  from  the  Government  of  the 
United  States  since  the  year  1835,  replied  among  other  things  that  he 
had  never  received  any  money  under  the  treaty  of  1835,  declared  that 
he  and  the  Cherokee  people  had  always  disclaimed  that  contract,  that 
their  claims  against  the  United  States  still  remained  open  and  unad- 
justed, but  that  they  had  the  unequivocal  promise  of  the  President  of 
the  United  States  that  they  should  be  satisfied. 

In  1844  the  Secretary  of  War  appointed  a  commission  of  Jones, 
Mason,  and  Butler,  hereinafter  referred  to,  who  very  strongly  recom- 
mended a  new  treaty,  as  recommended  by  President  Tyler,  etc.,  and  set 
forth  the  reasons  why  the  United  States  in  good  conscience  were  in 
honor  bound  to  pay  the  Cherokees  their  per  capita. 

The  treaty  of  184G  was  the  one  contemplated  and  finally  effected  and 
proclaimed  August  17.  L846. 

This  history  fully  shows  that  the  Eastern  Cherokees  and  their  prin- 
cipal chief,  John  Ross,  never  recognized  the  treaty  of  18  55,  except  in 
the  manner  prescribed  in  the  treaty  of  1840,  and  in  no  manner  what- 
ever until  August  17,  1846. 

COMMISSIONER  MEDILL'S  REPORT. 

Commissioner  Medill  lias  suggested  that  the  Eastern  Cherokees 
under  John  Ross  were  informed  by  General  Scott  that — 

M  the  Cherokee  people  pre  exclusively  interested  in  the  cost  as  well  as  the  com- 
fort of  the  removal,  I  do  not  feel  at  liberty  to  withhold  my  sanction  [to  .John  Ross's 
estimate].  The  commissioner  Bays  that  the  Secretary  of  War,  in  reply  to  General 
Scott  upon  the  subject,  took  t  he  same  view — he  was  of  opinion  that  the  amount  was- 
very  extravagant ;  that  $30  per  head  had  been  regarded  as  sufficient,  and  that  "what- 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES.  11 


ever  sum  over  aud  above  this  amount  that  may  be  expended  for  this  purpose  will 
have  to  be  deducted  from  the  original  purchase  money  agreed  to  be  paid  them  by 
the  treaty  of  Echota  (the  $5,000,000),  and  this  must  be  fully  explained  to  the  chiefs 
and  head  men,  and  ought  to  be  understood  by  the  nation."  (P.  17,  Ex.  Doc.  65, 
Thirtieth  Congress,  tirst  session,  H.  R.) 

The  commissioner  does  not  say  in  his  report  that  General  Scott  only 
communicated  this  to  John  Koss  on  November  15,  1838,  after  the  entire 
expedition  was  practically  too  far  advanced,  all  the  detachments  being 
on  the  road,  for  the  contract  to  be  in  any  degree  changed.  (See  the 
evidence  of  W infield  Scott,  last  line  of  page  38,  House  Report  288,  March 
2,  1843.)  Commissioner  Medill  fails  to  state  that  John  Eoss  and  the 
Eastern  Cherokees  while  in  General  Scott's  camp  under  capture  in  the 
same  resolution  which  authorized  the  delegation  to  negotiate  with 
General  Scott  for  their  self  emigration  on  July  21,  1838,  did  enter  their 
solemn  protest  against  the  pretended  treaty  of  Echota  and  referred  to 
the  fact  that  their  delegation  had  just  returned  from  Washington  City 
"  under  a  special  understanding  with  the  honorable  the  Secretary  of 
War."  Commissioner  Medill  omits  to  state  the  fact  that  the  Secretary 
of  War  in  his  letter  to  John  Koss  and  his  delegation  on  May  the  18th, 
1838,  said  to  them : 

It'  it  be  desired  by  the  Cherokee  Nation  that  their  own  agents  should  have  the 
charge  of  their  emigration  their  wishes  will  be  complied  with  and  instructions  be 
given  to  the  commanding  general  in  the  Cherokee  country  to  enter  into  arrangements 
with  them  to  that  effect.  With  regard  to  the  expense  of  this  operation,  which  you 
ask  may  be  defrayed  by  the  United  States,  in  the  opinion  of  the  undersigned  the 
request  ought  to  be  granted,  and  an  application  for  such  further  sum  as  may  be 
required  for  this  purpose  shall  be  made  to  Congress. 

Commissioner  Medill  fails  to  state  that  the  Secretary  of  War  on 
June  1, 1838,  wrote  to  General  Scott,  that — 

It  is  proposed  to  make  such  allowances  to  the  Cherokees  as  it  is  believed  were 
intended  originally  to  have  been  made  by  the  Senate. 

'That  is  to  say,  that  the  $5,000,000  fund  should  not  be  charged  with 
removal,  but  removal  paid  by  the  United  States.  (See  p.  3,  H.  Doc.  153, 
Twenty-fifth  Congress,  second  session.) 

Commissioner  Medill  fails  to  point  out  that  the  Secretary  of  War  on 
May  23, 1838,  wrote  General  Scott  as  follows: 

War  Department,  May  23,  1838. 
Sir:  You  will  receive  herewith  a  copy  of  proposals  (already  communicated  to 
Congress  by  the  President)  made  by  the  Department  to  the  Cherokee  delegation 
now  in  this  city,  which  it  is  believed  will  be  accepted  by  them.  You  are  therefore 
hereby  authorized  to  enter  into  an  agreement  with  the  agent  of  the  nation  for  the 
removal  of  their  people.  The  expenses  attending  the  emigration  of  the  Cherokees 
are  now  fully  ascertained  by  past  experience;  and  it  is  presumed  you  will  find  no 
difficulty  in  making  such  an  arrangement  as,  while  it  will  secure  their  comfortable 
removal  in  the  manner  most  agreeable  to  their  chiefs  and  head  men,  will  effectually 
protect  the  interests  of  the  United  States  and  prevent  all  unnecessary  delay  or 
useless  expenditures. 

Commissioner  Medill  fails  to  state  the  authority  which  was  given  to 
John  Ross  and  his  associates  for  the  removal  of  the  Cherokees.  It  is  as 
follows : 

They  are  hereby  authorized  and  fully  empowered  to  make  and  enter  into  any  and 
all  such  arrangements  with  Major-General  Scott  on  the  part  of  the  United  States 
which  they  may  deem  necessary  and  proper  for  effecting  the  entire  removal  of  the 
Cherokee  people  from  the  east  to  the  west  of  the  Mississippi  River,  and  also  to  enter 
into  such  further  arrangements  with  the  Commanding-General  in  relation  to  the 
payment  of  such  sums  of  money  by  the  United  States  as  may  be  necessary  for  the 
removal  and  subsistence  of  all  the  Cherokee  people. 

This  limited  resolution  was  passed  on  July  26,  1838,  and  is  the  only 
authority  the  Cherokees  gave. 


12  MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


It  contemplated  the  payment  by  the  United  States  of  this  removal. 
How  could  General  Scott  or  John  Boss  go  beyond  it  and  bind  the 
Cherokees  ? 

It  contemplated  the  li  special  understanding  of  the  honorable  Secre- 
tary of  War,"  who  had  advised  General  Scott  it  was  "proposed  to  make 
such  allowances  to  the  Cherokees  as  it  is  believed  were  intended  origi- 
nally to  have  been  made  by  the  Senate." 

That  is,  the  Senate  intended  the  $5,000,000  fund  should  not  include 
the  cost  of  removal.  The  special  understanding  of  the  Secretary  of 
War  was  that  the  expense  of  removal  or  self-emigration  by  the  Eastern 
Oherokees  should — 

l>e  defrayed  by  the  United  States,  and  an  application  for  such  further  sums  as  may- 
he  required  for  this  purpose  shall  be  made  to  Congress. 

With  what  face  can  he  after  this  say  a  part  of  "such  further  sum  as 
may  be  required  for  this  purpose"  shall  be  charged  to  the  Cherokee 
trust  fund? 

It  is  true  that  General  Scott  was  under  the  impression  as  he  says, 
on  August  2,  1838,  that— 

"The  Cherokee  people  are  exclusively  interested  in  the  cost  as  well 
as  the  comfort  of  the  removal,"  but  he  said  nothing  whatever  about 
the  trust  fund.  He  had  before  him  the  letter  of  the  Secretary  of  War 
agreeing  that  the  cost  of  removal,  in  his  opinion,  should  be  borne  by 
the  United  States,  and  he  was  instructed  by  the  Secretary  of  War  to 
protect  the  interests  of  the  United  States.  It  is  true  that  he  thought 
the  estimate  extravagant,  but  it  is  also  true  in  his  testimony  that  the 
terrible  drought  of  that  summer  led  him  to  give  it  his  approval.  Gen- 
eral Scott  says,  on  page  37,  H.  Report  288,  Twenty-seventh  Congress, 
third  session: 

The  drought  that  nearly  desolated  so  many  States  in  1838  commenced  in  the  south- 
vrest  at  the  end  of  May  and  continued  into  October.  During  the  latter  eight  or  ten 
weeks  of  its  continuance  it  would  have  been  impossible  for  a  detachment  of  100 
Indians,  with  their  horses,  to  have  found  water  on  the  land  routes  for  many  and 
many  marches  together;  hence  all  the  subsequent  difficulties  and  embarrassments  in 
my  plans,  and  the  emigration  itself;  for,  but  for  the  drought.  I  would  have  quashed 
the  contract  with  Lewis  Ross  as  extravagant,  and  the  renewed  movement  beginning 
with  September  would  have  escaped  ice,  snow,  and  bad  roads  and  been  ended  in 
eighty  days  by  each  detachment.  The  drought  was  a  calamity  to  the  country  gen- 
erally, and  particularly  so  to  the  poor  Cherokees. 

The  United  States  agree  to  pay  the  expense,  but  because  the  drought 
doubles  the  expense  the  Cherokees  become  liable  for  the  additional  cost. 
This  is  magnanimous,  indeed. 

Commissioner  Medill  quotes  a  part  of  the  letters  of  General  Scott  of 
August  1  and  August  2,  1838,  and  leaves  the  impression  that  General 
Scott  advised  the  Cherokees  that  the  cost  of  the  removal  under  Rosa 
contract  might  be  charged  to  the  trust  fund. 

The  fact  is,  August  1,  1838,  General  Scott  says:  "The  whole  expeuse 
of  the  emigration  is  to  be  paid  out  of  the  appropriations  already  made 
by  Congress,  the  general  surplus  of  which  is  to  go  to  the  Cherokee 
Nation  in  various  forms.'" 

The  only  appropriations  made  for  removal  by  Congress  was  the 
$600,000  and  the  $1,047,000. 

The  t rust  fund  of  $5,000,000  (less  $500,000  for  land  in  Kansas)  was 
not  appropriated  for  removal,  but  "for  the  amount  stipulated  to  be  paid 
for  the  lauds  ceded. '* 

General  Scott  referred  to  the  appropriations  for  removal  and  to  no 
other  appropriations,  as  farther  appears  from  his  letter  of  July  25, 
183S,  requiring  the  Ross  contract  to  include  fugitive  Creeks  residing 


MEMORIAL   OF  EASTERN   OR  EMIGRANT  CHEROKEES. 


13 


with  Ckerokees  and  agreeing  that  the  United  States,  under  such  con- 
tract proposed,  would  "  pay  over  to  the  Cherokee  functionaries,  from 
time  to  time,  such  portions  of  the  moneys  appropriated  for  the  emigra- 
tion as  may  seem  reasonable,"  etc. 

It  is  true  that  General  Scott  indicates  in  his  evidence  (p.  37)  that  on 
November  15, 1838,  he  advised  Eossthatthe  United  States  would  use  the 
trust  fund  after  exhaustion  of  the  sums  appropriated  for  removal,  etc., 
but  that  was  one  hundred  and  seven  days  after  the  Eoss  contract  was 
made,  and  too  late  to  make  any  changes.  It  appears  from  Commis- 
sioner MedilPs  report  that  General  Scott's  letter  of  November  15,  1838, 
was  written  on  a  suggestion  from  the  War  Department. 

Change  in  a  contract  requires  the  consent  of  both  parties.  No  pre- 
tense is  made  that  the  Cherokee  council  agreed  to  any  change.  It 
could  not  even  meet  till  emigration  had  been  completed. 

Commissioner  Medill  fails  to  state  that  over  600  Cherokees  died  on 
the  road  from  exposure. 

Commissioner  Medill  thinks  it  right  to  charge  the  Cherokee  trust 
fund  with  8581,310.88,  which  was  paid  to  John  Eoss  on  his  contract, 
and  justifies  this  by  saying: 

"Whether  this  sum  was  actually  absorbed  iu  the  mere  removal  of  the  Indians  or 
not,  it  was  paid  on  the  demand  of  the  Cherokees  themselves,  and  they  must  be  con- 
sidered as  having  enjoyed  the  benefit  of  it  in  that  or  some  other  way ;  and  the  amount 
for  per  capita  distribution  was  thus  materially  diminished. 

The  Cherokee  Nation  was  forced  by  bayonets  to  the  attitude  of  con- 
tracting their  self-emigration,  and  because  they  demand  payment  it 
follows  that  they  should  be  paid  out  of  their  own  money.  Secretary 
Poinsett  proposed  to  the  Cherokees  self- emigration  at  the  expense  of 
the  United  States,  so  advised  General  Scott.  The  Cherokee  council 
authorized  their  leaders  to  make — 

Arrangements  with  the  commanding  general  in  relation  to  the  payment  of  such 
sums  of  money  by  the  United  States  as  may  be  necessary  for  the  removal  and  sub- 
sistence of  all  the  Cherokee  people. 

Commissioner  Medill  seems  to  think  this  does  not  really  mean  "by 
the  United  States,"  but  by  the  United  States  as  trustee  of  a  fund  these 
Indians  bitterly  denied. 

These  same  people  at  the  same  time  repudiate  the  treaty  of  1835  and 
any  alleged  trust  fund  thereunder,  and  still  do  so  on  November  11, 
1810,  when  they  authorized  John  Eoss  to  demand  payment  in  their 
name,  and  at  that  same  instant  show  by  the  preamble  that  they  under- 
stood in  making  the  demand  it  would  and  ought  to  be  paid  out  of  the 
United  States  Treasury  and  not  out  of  any  trust  fund  whatever;  yet, 
Commissioner  Medill,  entirely  overlooking  all  these  things,  says: 

They  must  be  considered  as  having  enjoyed  the  benefit  of  it  in  that  or  some  other 
way. 

Their  enjoyment  of  this  removal  is  exhibited  by  their  piteous  and 
unavailing  appeals  for  mercy,  and  by  the  graves  of  their  dead  that 
marked  every  mile  of  the  road,  and  by  the  cries  of  their  women,  bear- 
ing children  in  the  hot  sun,  covered  with  dust,  in  a  desolating  drought, 
in  jolting  wagons  over  the  roughest  roads.  This  contract  was  not 
sought  by  the  Cherokees. 

It  was  a  measure  of  economy  to  permit  the  mustering  out  of  an  army 
of  10,000  men  thought  necessary  to  enforce  a  perfidious  instrument, 
which  was  equally  a  fraud  on  the  United  States  and  on  the  unhappy 
Cherokees. 

Commissioner  Medill  fails  to  point  out  that  if  John  Eoss  and  his  self- 


14 


MEMORIAL  OF  EASTERN"  OR  EMIGRANT  CHEROKEES. 


emigrating  Cberokees  had  been  emigrating  themselves  under  the  treaty 
of  1835  they  would  have  been  restricted  to  $20  per  capita  for  such 
removal  under  article  8  of  that  treaty. 

Commissioner  Medill  fails  to  point  out  that  the  United  States,  as 
trustee,  could  not  in  justice  to  the  cestui  que  trust  under  the  fifteenth 
article  have  allowed  exceeding  820  per  capita  to  any  self- emigrating 
Cherokees. 

Commissioner  Medill  fails  to  point  out  that  in  the  treaty  of  1846, 
article  4,  the  principle  is  laid  down  that  only  820  per  capita  shall  be 
charged  for  removal  against  the  85,600,000.  In  other  words,  by  this 
article,  in  settling  with  the  Old  Settlers,  or  Western  Cherokees,  the  trust 
fund  was  not  to  be  charged  with  removal.  Commissioner  MedilFs  report 
finds  that  the  Western  Cherokees  who  are  entitled  to  a  sum  equal  to 
one-third  of  the  balance  under  the  fifteenth  article  of  the  treaty  of  1835, 
are  entitled  to  $419,763.96,  while  the  Eastern  Cberokees,  who  are  enti- 
tled to  three  times  as  much,  or  the  entire  balance  under  the  same  article, 
he  only  allows  8181,071.28,  iustead  of  81,259,291.88.  (See  pp.  16  and 
20,  H.  E.  Ex.  Doc.  65.  Thirtieth  Congress,  first  session.) 

Commissioner  Medill,  in  settling  with  the  Old  Settlers,  finds  the  bal- 
ance under  the  fifteenth  article  of  the  treaty  of  1835,  $1,259,291.88. 
(See  page  19,  ibid.) 

In  settling  with  the  Eastern  Cherokees,  on  page  14,  he  finds  the  bal- 
ance under  the  same  article  15,  treaty  of  1835,  8184,071.28. 

Commissioner  Medill  has  juggled  these  accounts  in  a  manner  nothing 
short  of  scandalous.  He  charged  the  emigrant  Cherokees  over  85,000 
more  than  the  Western  Cherokees  under  the  seventeenth  article. 

He  charges  the  emigrant  Cherokees  over  a  million  dollars  more  than 
the  Western  Cherokees  on  account  of  removal  and  subsistence,  etc. 

He  charges  the  Western  Cherokees  against  the  $600,000  fund  for 
spoliations  and  rents  and  reservation  and  preemptions,  not  one  of 
which  is  justly  chargeable  against  this  fund  under  Attorney  General 
Butler's  opinion,  and  thus  consumes  the  fund  notwithstanding  the  fact 
that  by  the  report  of  the  Second  Auditor,  of  August,  1842,  submitted 
by  J.  C.  Spencer,  Secretary  of  War,  to  Hon.  James  Cooper,  chairman  of 
the  Committee  of  Indian  Affairs,  it  is  shown  that  this  $600,000  was 
practically  consumed  for  removal  at  that  time.  (H.  K.  Rpt.,  288  Twenty- 
seventh  Congress,  third  session,  Vol.  IV,  p.  52.) 

For  further  answer  that  the  account  of  Johu  Ross,  or  of  the  Cherokee 
Xation,  was  against  the  United  States  and  not  against  the  trust  fund, 
attention  is  called  to  H.  Report  1098,  Twenty-seventh  Congress,  second 
session,  and  H.  Report  288,  Twenty-seventh  Congress,  third  session, 
wherein  it  appears  that  every  one  of  the  accounts  was  rendered  against 
the  United  States,  and  in  no  case  against  the  trust  fund,  and  where  it 
appears  from  the  affidavits  of  numerous  witnesses,  to  wit,  Gideon 
Morris,  Gary  Hinnant,  John  Howard  Payne,  etc.,  who  show  that  Ross 
never  did  consider  his  claim  except  as  a  claim  on  the  United  States 
and  not  on  the  trust  fund.  That  neither  Ross  nor  the  Cherokees  recog- 
nized the  existence  of  a  trust  fund,  and  that  President  Tyler,  in  ordering 
it  paid  in  his  letter  of  September  20,  1841  (page  49,  H.  Report  288, 
Twenty-seventh  Congress,  third  session),  was  evidently  under  the  im- 
pression that  he  was  settling  the  claim  of  the  Cherokees  against  the 
United  States,  and  not  of  the  Cherokees  against  the  trust  fund  whose 
existence  they  denied  in  their  memorial  to  him,  and  in  which  they  had 
demanded  indemnity  for  the  wrongs  of  1835,  and  were  by  him  promised 
indemnity  for  those  wrongs. 

This  mass  of  evidence  showing  that  this  account  was  against  the 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES.  15 


United  States  has  no  evidence  whatever  to  the  contrary,  the  absence 
of  which  is  itself  testimony  of  the  most  important  character  that  the 
account  was  against  the  United  States  alone. 

It  has  been  charged  that  John  Eoss  was  grossly  unjust  in  insisting 
on  the  settlement  to  the  extent  he  did  under  his  contract  with  General 
Scott.  These  complaints,  which  were  vigorously  urged  against  him, 
would  seem  to  be  set  at  rest  by  the  final  decision  in  his  favor  that  his 
claim  was  just,  made  by  President  Tyler. 

It  should  be  remarked  that  under  the  Eoss  contract  for  removal  the 
amount  provided  by  Congress  of  81.017,007  and  the  8335,105.91  appli- 
cable for  removal  out  of  the  $000,000  would  more  than  have  paid  the 
actual  cost  of  removal  under  the  John  Eoss  contract,  even  including 
the  8581,346.88  due  to  the  delays  caused  by  the  drought  and  heavy 
winter  weather,  as  explained  by  General  Scott. 

It  should  be  kept  clearly  in  mind  that  whether  removal  was  justly 
chargeable  under  the  Scott  contract  to  the  United  States  or  to  the  trust 
fund  does  not  depend  on  the  amount  involved,  but  on  the  understand- 
ing of  the  Indians  who  made  it,  under  their  authorized  understanding 
with  the  Secretary  of  War,  and  their  authority  given  to  Eoss. 

THE  TREATY  PARTY  INTERPRETATION  OF  THE  TREATY  OF  1835. 

The  treaty  party  take  the  following  view  of  the  treaty  of  1835  in 
regard  to  removal : 

That  the  Senate  had  offered  them  85,000,000  for  their  land  and 
possessions. 

That  the  United  States  were  under  contract  to  remove  every  Chero- 
kee from  the  East  to  the  West  at  the  expense  of  the  United  States. 

That  to  use  the  purchase  money  of  their  lands  for  removal  was  using 
the  consideration  price  to  pay  a  subsisting  obligation  of  the  United 
States  Government  and  was  precisely  the  same  thing  as  not  paying  the 
purchase  price. 

The  treaty  party  insists  that  they  did  not  intend  to  agree  that 
removal  should  be  charged  to  the  trust  fund;  that  the  Senate  did  not 
intend  it  should  be  done  5  that  for  this  reason  they  expressly  agreed  to 
leave  it  to  the  Senate  to  say  what  their  iutention  was,  and  that  the 
Senate  did  decide  that  it  was  not  the  intention  of  the  Senate  to  charge 
the  purchase  price  with  the  cost  of  removal. 

That  on  Schermerhorn's  own  estimate  as  shown  in  the  treaty  he  urged 
the  Cherokees  to  agree  to  on  October  23, 1835,  at  Eed  Clay,  he  estimated 
spoliations  and  removal  combined  at  8505,000,  or  8250,000  for  spolia- 
tions and  8255,000  for  removal,  and  that  by  Schermerhorn's  own  esti- 
mate, as  shown  in  article  3,  supplement  1835,  which  he  himself  drew,  it 
was  represented  to  the  Senate  that  8000,000  would  cover  spoliations 
and  removal  and  leave  a  surplus  for  the  education  fund. 

The  treaty  party  insist  that  if  the  estimate  was  erroneous  and  proved 
by  subsequent  events  to  have  been  entirely  too  small,  this  circumstance 
can  not  be  argued  to  affect  the  intention  of  the  contracting  parties.  If 
the  parties  did  not  intend  to  charge  the  trust  fund  with  removal  when 
the  treaty  was  made,  no  different  interpretation  can  be  subsequently 
attached  thereto,  except  by  a  formal  agreement,  which  is  not  anywhere 
pretended  to  have  been  made.  The  treaty  party  insist  that  if  on  May 
23,  1838,  the  trust  fund  was  chargeable  with  removal,  there  being  an 
abundance  of  such  trust  fund  on  hand  with  which  to  pay  the  entire  cost 
of  removal,  the  House  of  Representatives  would  not  have  passed  a  reso- 


16  MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


lutioii  directing  the  Secretary  of  War  to  make  an  estimate  for  removal 
and  subsistence. 

If  the  trust  fund  was  chargeable,  the  Secretary  of  War  would  have 
had  no  excuse  for  agreeing  with  John  Ross  that  the  expense  of  removal 
should  be  borne  by  the  United  States,  as  he  did  do  on  May  18,  1838. 

If  the  trust  fund  was  chargeable,  the  Secretary  of  War  would  have 
had  no  excuse  to  estimate  for  an  amount  sufficient  to  pay  the  entire 
cost  of  removal,  as  he  did  do  on  May  25,  1838. 

If  Congress  itself  had  not  intended  to  stand  firmly  by  the  construc- 
tion of  the  treaty  as  heretofore  set  forth  and  which  existed  in  183(5, 
when  the  treaty  was  made,  Congress  would  not  have  appropriated  a 
sum  sufficient  to  meet  the  entire  amount  estimated  as  necessary  to  pay 
the  whole  cost  of  removal  out  of  the  United  States  Treasury. 

The  fact  that  Congress  made  such  an  appropriation  proves  that  Con- 
gress believed  that  the  Secretary  was  right  in  his  proposal  to  Congress, 
and  which  proposals  were  before  Congress,  wherein  the  Secretary 
declared  tbe  United  States  ought  to  pay  the  cost  of  removal. 

The  treaty  party  insist  that  this  was  not  a  sudden  burst  of  generos- 
ity, but  that  it  was  in  accordance  with  the  view  theretofore  entertained 
by  the  War  Department,  which  held  that  the  United  States,  under  the 
treaty  of  1828,  were  chargeable  with  removal  and  subsistence,  as  will 
appear  from  the  letter  of  Mr.  Commissioner  of  Indian  Affairs  Harris  to 

B.  F.  Curry,  Cherokee  Indian  agent,  as  follows : 

Sir:  I  acknowledge  the  receipt  of  your  letter  of  the  26th  of  October  last,  and  in 
reply  have  to  observe  that  I  have  taken  the  decision  of  the  Secretary  of  War  ad 
interim  npon  the  claims  of  the  Cherokees  to  commiitation  lor  subsistence  at  $33.33 
each.  The  Secretary  decides  that  the  commutation  may  be  paid  at  the  rate  above 
stated,  but  at  the  same  time  declares  that  the  allowance  is  made  under  the  treaty  of 
1S2S.    (S.  Doc.  No.  120,  vol.  2,  p.  209,  Twenty-fifth  Congress,  second  session.) 

That  under  the  treaty  of  1835  enrollment  books  for  voluntary  emigra- 
tion were  opened  in  the  then  Cherokee  country.  Instructions  as  to  the 
nature  of  the  enrollment  were  sent  by  the  Acting  Secretary  of  War, 

C.  A.  Harris,  to  Lieut.  J.  Van  Home,  United  States  Army,  dated  Sep- 
tember 12,  1837,  in  part  as  follows: 

Enrolling  books  must  be  prepared  on  the  following  plan  :  A  memoranda  or  entry 
must  be  inseited  purporting  that  the  subscribers  assent  to  a  treaty  with  the  United 
States  upon  the  terms  heretofore  offered  by  the  resident  to  their  people,  and  that  if  no 
treaty  should  be  made  during  the  next  fall  or  early  in  the  winter,  then  the  subscribers 
will  cede  to  the  United  States  all  their  right  aud  interest  in  Cherokee  lands  east 
of  the  Mississippi,  upon  the  following  conditions:  That  they  shall  receive,  so  last  as 
( longress  shall  make  the  necessary  appropriations,  the  ascertained  value  of  their 
improvements  on  their  arrival  "West;  that  they  shall  be  removed  and  subsisted  for  one 
year  at  the  expense  of  the  United  States;  that  they  shall  be  entitled  to  all  such  stipu- 
lations as  may  be  hereafter  made  in  favor  of  those  who  do  not  now  remove,  etc. 

The  Cherokees  were  thus  told,  September  12,  1837,  that  they  should 
be  removed  and  subsisted  for  one  year  at  the  expense  of  the  United 
States  and  be  offered  the  terms  heretofore  offered  by  the  President,  to 
wit,  $150  each  per  capita.  The  payment  of  the  present  claim,  found 
due  by  the  Department  of  the  Interior,  excluding  interest,  would  only 
make  a  total  per  capita  of  $124.78,  and  in  1852,  instead  of  being  paid 
$1.10  they  were  only  paid  $56.3]  per  capita,  and  this  is  the  ground  of 
their  present  complaint. 

The  treaty  party  further  complain  fchat  when  they  made  the  treaty 
of  L835  they  were  promised  protection ;  that  they  did  not  receive  it;  that 
their  leaders  were  killed;  that  they  were  ostracized  and  the  per  capita 
promised  to  them  never  paid;  that  it  is  now  due  and  no  just  excuse  can 
be  found  for  not  paying  it. 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES.  17 
COMMISSIONER  MEDILL'S  VIEW. 

Commissioner  Medill,  upon  whose  report  of  May  10,  1848,  the  error 
rests  lor  the  unlawful  withdrawal  from  the  trust  fund  of  a  large  sum 
on  account  of  removal,  submits  the  following  argument  : 

[We  assume  it  will  only  be  necessary  to  answer  the  reasons  which  he 
assigns,  and  that  his  dictum  in  the  absence  of  reason  in  support  thereof 
will  not  be  permitted  to  control  in  defiance  of  substantial  argument  to 
the  contrary.] 

The  first  reason  offered  by  Commissioner  Medill  is  that  the  corre- 
spondence prior  to  the  negotiation  of  the  treaty  shows  that  removal 
and  subsistence  in  the  schedule  submitted  were  to  be  deducted  from 
the  83,000,(100  fund  "  to  be  given  for  the  lands,  or,  rather,  as  the  differ- 
ence in  value  between  them  and  those  assigned  to  the  Cherokees  West," 
etc.    He  refers  to  Secretary  Cass's  letter,  that — 

"  No  proposition  for  a  treaty  will  hereafter  be  made  more  favorable 
than  those  now  offered  to  them,"  as  proof  that  removal  and  subsistence 
was  to  be  deducted  from  the  85,000,000,  and  was  so  understood  by  the 
Indians. 

Commissioner  Medill  omits  to  state  that  this  proposed  treaty,  with 
its  schedule,  was  unanimously  rejected  by  the  Cherokees  in  general 
council  October  23,  1835,  even  Ridge  and  JBoudinot  voting  against  it. 

Commissioner  Medill  omits  to  quote  the  second  article  of  the  supple- 
ment, treaty  of  1835,  in  which  appears  plainly  recorded  tbe  intention 
both  of  the  Cherokee  citizens  (who  were  paid  to  negotiate  this  treaty) 
aud  the  Senate  of  the  United  States  that  the  85,000,000  trust  fund 
should  not  include  removal.  He  omits  to  state  the  construction  of  the 
Department  of  War  of  November  18,  1836,  to  Cherokee  Indian  Agent 
Curry,  above  quoted,  and  tbe  construction  of  September  12,  1837,  to 
Lieutenant  Van  Home,  above  quoted.  He  omits  to  mention  Secretary 
of  War  Poinsett's  agreement  with  John  Eoss  of  May  18,  1838,  that 
removal  should  be  at  the  expense  of  the  United  States. 

He  omits  to  state  that  the  Secretary  of  War  instructed  General  Scott 
that  it  was  proposed  to  make  such  allowances  to  the  Cherokees  as  it 
is  believed  were  intended  originally  by  the  Senate,  i.  e.,  that  the  trust 
fund  should  not  include  removal. 

In  the  above  quotation  from  the  Commissioner  he  intimates  that  the 
85,000,000  was  paid  the  Cherokees  East  "as  the  difference  in  value 
between  the  lands  East  and  those  assigned  to  the  Cherokees  West,"  as 
if  those  assigned  to  the  Cherokees  West  was  a  part  of  the  considera- 
tion to  the  Cherokees  East  under  the  treaty  of  1835.  The  lauds  West 
had  been  guaranteed  to  the  Western  Cherokees  under  the  treaties  of  1828 
and  1833.  The  Eastern  Cherokees  acquired  not  one  acre  of  such  lands 
by  the  treaty  of  1835;  what  they  did  actually  get  was  the  bitter  hos- 
tility of  the  Western  Cherokees,  upon  whom  they  were  injected. 

It  is  true  that  two  Western  Cherokees  signed  the  treaty  of  1835, 
but  it  is  also  true  the  men  who  did  it,  James  Rogers  and  John  Smith, 
had  no  authority  to  sign  such  treaty.  It  is  also  true  that  Schermer- 
horn  wrote  the  following  letter  to  the  Commissioner  of  Indian  Affairs 
with  regard  to  the  delegation  of  the  Western  Cherokees  : 

If  they  are  true  and  faithful  they  may  he  of  great  service,  and  if  they  are  not,  I 
hare  told  Coody  what  I  should  he  obliged  to  do  in  reference  to  them.  (Page  482, 
S.  Doc.  120,  Twenty-fifth  Congress,  second  session.) 

And  it  is  also  true  that  Schermerhorn  paid  Coody  81,407  and  that  he 
paid  James  Eogers  and  John  Smith,  who  signed  the  treaty,  $2,175  each, 
or  a  total  of  $5,747  for  their  services  (p.  1034,  Sen.  Doc.  120),  and  that 
S.  Doc.  392  2 


18  MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


Scherinerhorn  thus  violated  the  instructions  of  President  Jackson,  that 
he  "must  make  no  particular  promise  to  any  individual,  high  or  low,  to 
gain  his  cooperation.    The  interest  of  the  whole  must  not  be  sacrificed 
to  the  cupidity  of  a  few." 
Commissioner  Medill  says: 

The  question  was  raised  whether  the  spoliations,  the  cost  of  removal,  aud  claims 
which  many  of  the  Cherokees  had  against  the  United  States  were  to  be  paid  for 
out  of  the  consideration  money  for  the  lands.  This  question  having  been  submitted 
to  the  Senate,  it  was  agreed  to  allow  the  additional  sum  of  $600,000  toward  those 
objects,  and  in  lieu  of  the  annulled  grants  of  preemptions  and  reservations.  This 
was  not  an  assumption  by  the  Government  of  the  whole  cost  of  removal  and  of  all 
the  spoliations  and  other  claims  against  the  United  States,  but  only  an  extension 
and  increase  of  the  consideration  money  with  reference  to  those  objects.  Had  the 
former  been  intended,  an  estimate  would  have  been  made  of  the  probable  cost  of 
removal  and  of  the  probable  amount  of  the  claims  (except  the  spoliations,  which 
were  limited  by  the  treaty  to  $300,000),  in  order  that  the  additional  amount  to  be 
allowed  might  be  made  to  embrace  all;  but  this  was  not  done. 

It  was  a  compromise  between  the  Government  and  the  Cherokees.  *  *  *  It 
was,  in  effect,  an  increase  of  the  consideration  money  granted,  etc. 

These  bold  statements  are  unsupported  by  any  sound  reason  and 
are  contradicted  by  the  facts  of  the  history. 

Commissioner  Medill  in  the  above  quotation  omits  to  mention  that 
the  second  article,  supplement  1835,  expressly  declared  the  intention  of 
the  Cherokees  who  negotiated  the  treaty  and  the  Senate  of  the  United 
States  to  be  that  the  trust  fund  should  not  include  removal.  Commis- 
sioner Medill  does  not  hesitate  to  construe  the  trust  fund  to  include 
removal,  in  direct  conflict  with  the  declared  intention  of  both  parties 
and  in  conflict  with  the  rulings  of  the  War  Department  of  November 
18, 1836,  and  of  September  1L>,  1837,  of  May  18,  1838,  of  May  25,  1838, 
and  of  June  1,  1838,  heretofore  cited,  that  removal  was  chargeable  to 
the  United  States  and  not  to  the  trust  fund. 

And  what  reasons  besides  his  fatal  omissions  does  Commissioner 
Medill  offer !  He  quotes  certain  commissioners  with  approval,  and  offers 
no  other  reason.  These  commissioners  are  alleged  to  be  those  who  were 
appointed  in  July,  1816,  to  inquire  into  matters  in  dispute  between  the 
Cherokees  and  the  United  States,  and  who,  under  a  subsequent 
appointment,  negotiated  the  treaty  of  1816. 

These  commissioners,  as  quoted  by  Commissioner  Medill,  repeat  the 
argument  we  have  already  answered,  to  wit,  that  the  negotiations  in 
the  proposed  treaty  in  the  spring  of  1835  showed  that  the  Government 
officers  proposed  to  deduct  "removal"  from  the  purchase  money  offered 
by  the  Senate.  We  have  abundantly  answered  this  argument  by  show- 
ing that  on  this  very  account,  among  others,  the  proposed  treaty  was 
rejected  by  the  Cherokee  people  in  full  council  at  Red  Clay  October 
23,  1835,  against  which  even  Ridge  and  Boudinot  voted  (History  of 
Cherokee  Indians,  p.  280),  etc.,  as  above  set  forth. 

The  commissioners  quoted  by  Commissioner  Medill,  omitting  all  the 
record  to  which  we  have  referred,  without  other  argument,  add  as  a 
conclusive  proposition  two  sections  from  Senator  White's  report  (S.  Doc. 
466,  second  session  Twenty-fifth  Congress),  to  wit: 

They  believe  the  #5,000,000  given  by  the  treaty  as  the  difference  in  value  between 
the  countries  exchanged  and  the  $600,000  before  mentioned,  allowed  for  spoliations, 
and  as  a  fund  for  removal,  constitute  a  very  liberal  consideration  on  the  part  of  the 
Federal  Government;  yet  the  committee  would  feel  much  better  satisfied  that  too 
much  should  be  done  for  the  Cherokees  than  too  little.  If,  therefore,  the  voluntary 
grant  of  an  additional  sum  of  money  can  be  made  the  means  of  hastening  their 
removal  to  their  nevt  home,  of  dispensing  with  the  use  of  a  large  military  force,  and 
of  insuring  confidence  in  the  justice  of  the  Government  and  of  restoring  harmony 
and  good  feelings,  they  believe  economy,  humanity,  and  peace  will  be  best  consulted 
by  making  such  grant. 


MEMOEIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES.  19 


With  a  view  to  attain  these  objects  the  committee  would  respectfully  recommend 
to  the  Senate  that  in  the  passing  of  some  appropriation  bill  still  to  be  acted  on  an 
item  be  inserted  placing  a  reasonable  sum  of  money  at  the  disposal  of  the  Executive. 

The  commissioners,  commenting  on  these  two  paragraphs,  trium- 
phantly say  that  the  subsequent  appropriation  of  $1,047,067  was  a  vol- 
untary grant  made  for  the  purpose  of  hastening  the  removal  of  the 
Indians,  etc.,  and  "the  expenditures  specified  in  the  fifteenth  article 
are  therefore  justly  chargeable  upon  the  treaty  fund." 

[The  conclusions  of  the  commissioners  wrongfully  appear  as  a  part 
of  Senator  White's  report  in  Ex.  Doc.  65,  Thirtieth  Congress,  first  ses- 
sion.] 

The  fact  that  Senator  White,  in  a  very  brief  report  giving  some  rea- 
sons for  supporting  the  estimate  of  the  Secretary  of  War,  refers  to  the 
appropriation  as  a  voluntary  grant,  is  seized  upon  as  proof  that 
removal  was  justly  chargeable  upon  the  treaty  fund. 

It  should  be  remembered  that  Senator  White  and  his  committee  were 
not  passing  upon  the  proposition  as  to  whether  or  not  the  trust  fund 
was  chargeable  with  removal,  but  were  only  giving  reasons  for  support- 
ing the  estimate  of  the  War  Department,  which  came  before  the  com- 
mittee on  the  Secretary  of  War's  letter  containing  the  proposals  to 
John  Ross,  that  the  expense  of  removal  should  be  defrayed  by  the 
United  States.  Senator  White  supports  the  Secretary  under  the 
impression  that  it  was  a  voluntary  grant.  This  proves  nothing  except 
as  to  Senator  White's  opinion,  as  lie  gives  no  reason  for  thinking  it  a 
voluntary  grant  except  that  the  committee  thought  the  Government 
had  been  liberal  in  theretofore  granting  $5,600,000  "as  the  difference 
in  value  between  the  countries  exchanged'7  by  the  treaty  of  1835. 

Senator  White  would  have  been  justified  in  his  conclusion  that 
$5,600,000  was  a  very  liberal  consideration  if  it  had  been  in  fact  given 
as  the  difference  in  value  between  the  countries  exchanged;  but  there 
were  no  countries  exchanged  by  the  treaty  of  1835.  Judge  White 
imagined  that  the  Cherokees  had  received  14,000,000  acres  in  exchange 
for  the  land  they  relinquished  in  1835.  The  treaty  as  drawn  might 
leave  this  impression,  but  in  point  of  fact  every  acre  of  this  land  had 
been  deeded  to  the  Western  Cherokees  under  the  treaties  of  1828  and 
1833,  and  the  Eastern  Cherokees  were  receiving  by  the  treaty  of  1835 
14,000,000  acres  less  than  he  thought. 

More  than  that,  Judge  White's  committee  recommended  a  reasonable 
sum,  and  the  Senate  thought  it  reasonable  to  appropriate  enough  to 
pay  the  entire  cost  of  removal,  as  estimated  by  the  Secretary  of  War. 

The  committee  report  purports  only  to  have  had  under  consideration 
the  estimate  and  the  letter  of  the  Secretary  of  War.  The  committee 
made  no  examination  into  the  questions  involved,  and  as  to  the  $600,000 
the  committee  says : 

How  this  fund  has  been  disposed  of  or  whether  any  or  what  part  of  it  yet  remains 
to  be  expended  the  committee  do  not  know. 

And  as  to  the  commutation  of  the  annuity  of  $10,000,  under  the 
treaty  of  1835,  and  the  stipulations  in  relation  thereto,  the  committee 
says: 

How  far  this  stipulation  has  been  complied  with  the  committee  do  not  know. 

These  are  the  simplest  items  and  are  only  mentioned  to  show  that 
the  committee  had  given  no  special  examination  to  the  questions 
involved  and  had  no  intention  of  deciding  them,  nevertheless  the  com- 
missioners triumphantly  declare  that — 

The  expenditures  specified  in  the  fifteenth  article  are  therefore  justly  chargeable 
upon  the  treaty  fund. 


20 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


And  Commissioner  Medill  has  this  conclusion  appear  in  his  report  as 
if  it  were  a  part  and  parcel  of  Senator  White's  report. 

Commissioner  Medill  thus  quotes  the  report  of  the  Indian  committee, 
which  did  not  have  this  subject  under  consideration,  and  draws 
an  unwarranted  conclusion  from  such  report.  He  omits  to  quote  the 
opinion  of  the  Senate  Committee  on  Indian  Affairs,  which  did  have  this 
entire  subject  before  them,  and  had  in  the  preceding  year  made  a 
report  fully  sustaining  the  Cherokees7  construction  of  this  treaty  as 
sound  and  conclusively  right,  to  wit,  the  report  made  by  the  Commit- 
tee on  Indian  Affairs  of  the  United  States  Senate  on  February  19, 1837, 
as  follows: 

REFORT  OF  THE  COMMITTEE  ON   INDIAN  AFFAIRS  OF   THE    UNITED  STATES  SENATE. 

[Jarnigau  Report.] 

The  Committee  on  Indian  Affairs,  to  whom  was  referred  the  memorial  of  David 
Vaun  and  William  P.  Ross,  delegates  from  the  Cherokee  Nation,  respectfully  report 
the  following  facts,  which  will  enable  the  Senate  to  decide  the  various  questions  upon 
which  the  Cherokee  delegation  and  the  commissioners  appointed  to  treat  with  them  in 
July  last  could  not  agree,  and  which,  by  the  terms  of  the  treaty  of  the  6th  of  August, 
1846,  were  to  be  submitted  to  the  arbitrament  of  the  Senate,  whose  award  was  to 
constitute  a  part  of  that  treaty.  The  peace  and  happiness  of  the  Cherokee  Nation 
so  imperiously  demanded  the  immediate  adoption  of  that  treaty  that  the  Cherokee 
delegation  could  not  refuse  their  assent  to  it,  leaving  certain  questions  to  the  arbit- 
rament of  the  Senate.  Peace  and  quiet  have  been  restored  in  the  Cherokee  country, 
and  it  now  only  remains  for  the  Senate  to  decide  the  questions  which  have  been 
submitted  to  it  that  the  account  may  be  finally  made  up  and  closed. 

The  first  of  these  questions  is,  whether,  by  the  treaty  of  the  29th  of  December 
1835,  it  was  the  understanding  of  the  parties  tbat  the  various  sums  since  charged  to 
the  $5,000,000  fund  given  by  that  treaty  have  been  properly  so  charged.  On  the  28th 
of  February,  1835,  a  delegation  from  the  Cherokee  Nation  proposed  to  submit  the 
terms  of  the  treaty  to  the  arbitrament  of  the  Senate  of  the  United  States.  In  con- 
sidering the  subject  the  Senate  only  looked  to  the  value  of  the  lands  and  have  so 
said  iu  language  most  explicit.  The  preamble  to  that  treaty  recites  the  submission 
which  had  been  made  to  the  Senate,  and  then  adds: 

"And  whereas,  on  such  submission,  the  Senate  advised  that  a.  sum  not  exceeding 
$5,000,000  be  paid  to  the  Cherokee  Indians  for  their  lands  and  possessions  east  of  the 
Mississippi  River."  The  sole  consideration  stated  for  the  $5,000,000  was  "  their  lands 
and  possessions  east  of  the  Mississippi  River."  If  anything  else  had  been  intended 
to  be  included,  such  as  claims  for  spoliations,  subsistence,  removal,  etc.,  why  was  it 
not  so  stated  in  the  treaty? 

It  is  enough  to  show  that  it  is  not  so  stated,  but  it  is  manifest  that  such  was  not 
the  intention  of  the  parties,  for  the  amount  of  these  spoliations,  the  expense  of 
removal,  etc.,  were  not  then  known  and  could  not  have  been  ascertained,  and,  besides, 
they  were  subsisting  claims  upon  the  Government  of  the  United  States  which  they 
were  bound  by  treaty  to  have  paid.  Not  to  pay  them,  or  to  pay  them  out  of  the 
funds  of  the  Cherokees  which  had  been  fixed  by  the  Senate  as  the  value  of  their 
lands,  was  precisely  the  same  thing. 

The  United  States  were  bound  by  the  treaty  of  1828  to  pay  the  expenses  of  the 
removal  of  all  the  Cherokees.  This  obligation  was  not  released  by  the  purchase  of 
their  lands  at  their  appraised  value.  Would  such  a  thing  be  pretended  in  a  similar 
transaction  between  individuals?  If  all  the  Cherokees  had  removed  before  they 
ceded  their  lands,  the  United  States  were  bound  to  pay  the  cost  of  removal.  If  the 
United  States  afterwards  bought  the  lands  of  the  Cherokees,  they  were  bound  to  pay 
the  price  at  which  they  were  appraised.    The  first  article  of  the  treaty  recites  that — 

"  The  Cherokee  Nation  hereby  cede  to  the  United  States  their  lands  east  of  the  Mis- 
sissippi River  and  hereby  release  their  claims  for  spoliations  of  every  kind,  for  and 
in  consideration  of  $5,000,000.  But  as  a  question  has  arisen  between  the  commis- 
sioners and  the  Cherokee  people  whether  the  Senate,  when  they  advised  that  a  sum 
not  exceeding  $5,000,000  be  paid  the  Cherokee  Indians  for  their  lands  and  possessions 
east  of  the  Mississippi  River,  had  included  or  made  any  allowance  for  claims  for 
spoliations,  it  is  therefore  agreed  on  the  part  of  the  United  States  that  this  question 
shall  be  submitted  to  the  Senate  for  their  consideration  and  decision,  and  if  no 
allowance  was  made  for  spoliations,  that  then  an  additional  sum  of  $300,000  be 
allowed  for  the  same." 

It  will  l»e  seen  by  the  above  that  subsistence  and  removal  were  not  included  in 
the  above  article,  nor  was  any  question  as  to  either  of  those  items  then  even  thought 
of.    But  the  only  thing  pretended  to  be  charged  upon  this  fund  was  spoliations. 


MEMORIAL  OF  EASTERN   OR  EMIGRANT  CHEROKEES. 


21 


The  Senate  decided  that  the  sum  of  $5,000,000  was  given  for  the  lands  alone,  and 
a  supplemental  article  giving  $600,000  was  added  to  pay  for  spoliations  and  removal, 
but  still  not  including  subsistence.  That  sum  it  was  then  thought  would  be  suffi- 
cient to  cover  these  charges;  but  it  was  found  that  it  was  not,  and  the  United 
States,  feeling  that  they  were  bound  to  pay  these  charges,  again  in  1838  appropri- 
ated $1,047,000  for  these  objects. 

The  Cherokee  Nation  does  not  contend  that  the  treaty  fund  shall  be  relieved  from 
the  charge  for  spoliations  but  only  from  the  cost  of  one  year's  subsistence  and 
removal  to  the  West.  Both  of  these  sums,  which  were  added  by  Congress,  were 
found  inadequate  to  pay  these  various  charges,  and  the  fund  of  $5,000,000  has  been 
used  for  that  purpose  and  others,  to  its  entire  exhaustion,  or  nearly  so.  They  ask  to 
be  relieved  from  the  charges  for  removal  and  subsistence.  It  is  very  clear  that  not 
until  after  the  exhaustion  of  the  $600,000  and  the  $1,047,000  did  the  officers  of  the 
Government  of  the  United  States  ever  once  think  that  the  $5,000,000  was  liable  for 
these  charges.  Not  one  dollar  of  that  fund  was  ever  so  used  until  then.  The  fol- 
lowing communication  from  the  then  Secretary  of  War  shows  that  his  understand- 
ing was  that  this  fund  was  not  liable  for  these  charges,  or  else  he  would  not  have 
made  the  requisition  for  the  sum  of  $1,080,000;  that  is  to  say, $1,047,000  for  these 
purposes  and  $33,000  for  annuities. 

Congress  made  the  appropriation  at  once,  which  shows  that  the  opinion  of  that 
body  was  the  same. 

If  the  $5,000,000  fund  was  liable  for  these  charges,  how  could  the  Secretary  have 
said  that  there  were  no  funds  to  meet  them  when  there  was  the  $5,000,000  fund? 

Why  did  Congress  make  this  additional  appropriation?  The  only  answer  which 
can  be  given  is,  that  it  was  considered  just  under  the  treaty,  as  the  Senate  had  said 
when  the  subject  was  a  second  time  referred  to  that  body  for  its  decision  on  this 
specific  question,  that  the  treaty  fund  of  $5,000,000  was  not  liable  to  be  charged  with 
these  expenses.    (Doc.  401,  second  session  Twenty-fifth  Congress.) 

Department  of  Wtar,  May  25,  1838. 
Sir:  In  compliance  with  a  resolution  of  the  House  of  Representatives  of  the  23d 
instant,  requiring  a  statement  of  the  amount  that  will  be  required  for  the  additional 
allowance  proposed  to  be  made  to  the  Cherokees,  I  have  the  honor  to  present  the 
following  estimate: 

Payment  of  the  expenses  of  removing  the  remaining  Cherokees,  esti- 


mated at  15,840,  at  $30  per  head   $475,  200.  00 

Amount  applicable  to  that  purpose   39,  300.  00 


Balance  to  be  provided  for   435,  900.  00 

If  it  should  be  deemed  proper  to  make  any  further  provision  for  the 
payment  of  the  subsistence  of  the  emigrants  for  one  year  after  their 
arrival  West,  it  will  require,  estimating  the  whole  number  at  18,335, 
thereby  including  those  who  have  already  emigrated,  and  allowing 

the  amount  stipulated,  viz,  $33.33  a  head   611,  105.55 

Add  for  contingencies,  under  estimates,  both  of  number  to  be  removed 

and  of  expenses  to  be  incurred   100,  000.  CO 

The  amount  of  annuities,  payment  of  which  is  asked  for  by  the  deputa- 
tion, will  be   S3,  330.  00 


1, 180,  335.  55 

Very  respectfully,  your  most  obedient  servant, 

J.  R.  Poinsett. 

Hon.  J.  K.  Polk, 

Speaker  House  of  Representatives. 

But  this  is  not  all.  The  question  was  submitted  to  the  Secretary  of  War  for  his 
decision  of  this  specific  point,  and  he  decided  that  these  charges  of  subsistence  and 
lemoval  were  not  chargeable  to  the  treaty  fund  but  to  the  Government  of  the 
United  States  under  the  treaty  of  1828. 

Shortly  after  the  ratification  of  the  treaty  of  1835  a  question  arose  as  to  the 
allowance  of  claims  for  commutation  of  the  year's  subsistence,  which  was  referred 
for  decision  to  the  War  Department;  and  the  decision  was  communicated  by  the 
Hon.  C.  A.  Harris,  Commissioner  of  Indian  Affairs,  to  B.  F.  Curry,  superintendent  of 
the  Cherokee  removals,  in  his  letter  under  date  of  November  18,  1836,  in  which  he 
says:  I  acknowledge  the  receipt  of  your  letter  of  the  26th  of  October  last,  and 
in  reply  have  to  observe  that  I  have  taken  the  decision  of  the  Secretary  of  War  ad 
interim  upon  the  claim  of  the  Cherokees  for  subsistence  at  $33.33  each.  The  Secre- 
tary decides  that  the  commutation  may  be  paid  at  the  rate  above  stated,  but  at  the 
same  time  declares  that  the  allowance'is  made  under  the  treaty  of  1828,  and  not  in 
pursuance  of  any  stipulations  of  the  final  treaty  of  1835."  (See  Senate  Doc.  No.  120, 
p.  209,  second  session  Twenty-fifth  Congress.) 


22 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEBOKEE8. 


The  treaty  fund  was  never  touched,  uor  was  it  ever  pretended  that  it  was  liable 
for  these  charges  until  alter  the  appropriations  made  for  these  specific  objects  had 
been  exhausted.  Now,  it  seems  very  clear  that  if  the  Government  of  the  United 
States  was  liable  for  these  charges  when  the  additional  sum  of  $600,000  was 
given,  and  then  again  when  the  further  sum  of  $1,047,000  was  given,  it  is  equally 
liable  for  whatever  may  remain  of  these  charges  after  both  of  these  sums  have  been 
exhausted.  The  magnitude  of  the  obligation  can  not  be  held  to  release  the  party 
from  its  fulfillment. 

The  thirteenth  article  of  the  treaty,  which  stipulates,  on  the  part  of  the  United 
States,  to  pay  for  reservations  of  which  the  Indians  have  been  deprived,  closes 
with  the  following  words : 

"  It  is  expressly  understood  that  the  amount  to  be  allowed  for  reservations  under 
this  article  shall  not  be  deducted  out  of  the  consideration  money  allowed  the  Chero- 
kees for  their  claims  for  spoliations  and  the  cession  of  their  lands,  but  the  same  is 
to  be  paid  for  independently  by  the  United  States,  as  it  is  only  a  just  fulfillment  of 
former  treaty  stipulations."1 

Here,  again,  the  consideration  given  is  stated.  And  what  is  that  consideration? 
Why.  claims  for  spoliations  and  the  cession  of  their  lands— not  a  word  said  about 
anything  else;  and  this  because  "it  is  only  a  just  fulfillment  of  former  treaty  stipu- 
lations.'' Does  not  this  apply  equally  to  the  payment  of  removal  and  subsistence? 
The  Government  was  bound,  to  do  this  by  the  treaty  of  1828,  and  again  by  the  eighth 
article  of  the  treaty  of  1835 : 

"Art.  8.  The  United  States  also  agree  and  stipulate  to  remove  the  Cherokees  to 
their  new  homes  in  the  West,  and  to  subsist  them  for  one  year  after  their  arrival 
there,  etc.  Such  persons  and  families  as,  in  the  opinion  of  the  emigrating  agent,  are 
capable  of  removing  and  subsisting  themselves  shall  be  permitted  to  do  so,  and 
shall  be  allowed  in  full  for  all  claims  for  the  same,  $20  for  each  member  of  their 
family,  and  in  lieu  of  their  one  year's  rations  they  shall  be  paid  the  sum  of  $33.33, 
if  they  prefer  it." 

AYhat  does  the  word  "  also"  in  the  above  article  mean,  unless  it  be  that  this  removal 
and  subsistence  shall  also  be  paid  in  addition  to  the  price  given  for  their  lands?  Is 
there  any  other  imaginable  meaning  that  can  be  given  to  it  ?  The  more  clearly  so, 
as  the  United  States  were  bound  by  the  subsisting  and  unabrogated  treaty  of  1828 
to  pay  these  charges. 

But  if  neither  cost  of  removal  nor  subsistence  is  to  be  paid  by  the  United  States,  it 
is  too  clear  to  admit  of  contradiction  that  there  is  neither  justice  nor  right  in  charg- 
ing the  treaty  fund  with  more  than  $33.33  for  subsistence  nor  more  than  $20  for 
removal.  That  was  the  sum  which  the  United  States  were  willing  to  allow;  the  sum 
which  was  fixed  on  as  fair  and  proper.  If  the  United  States  made  it  cost  more,  there 
is  no  justice  in  charging  the  excess  to  the  treaty  fund,  but  all  such  excess  should  be 
borne  by  the  United  States.  So  of  the  removal.  The  Indians  were  detained  more 
than  a  month  after  they  were  assembled  and  ready  to  remove.  This  expense  should 
also  be  borne  by  the  United  States,  and  all  losses  sustained  on  the  resale  of  provi- 
sions which  were  not  needed  nor  consumed. 

As  to  the  justice  of  interest  the  committee  have  no  doubt.  If  the  treaty  fund  had 
not  been  charged  improperly,  as  it  is  now  acknowledged,  the  money  would  have  been 
paid  twelve  years  ago.  This  was  in  no  wise  the  fault  of  the  Cherokees,  but  of  the 
officers  of  the  Government  of  the  United  states.  The  Cherokees  have  for  all  this  time 
been  deprived  of  the  use  of  the  money  justly  due  them,  and  the  United  States  havehad 
the  use  of  it  for  their  own  benefit.  They'  have  been  paying  interest  upon  money 
borrowed  all  this  time,  and  would  have  had  to  pay  that  interest  on  a  larger  sum  if 
they  had  paid  the  Cherokees  what  was  justly  due  them.  It  is  not  the  case  of  a 
claim  of  an  individual,  but  of  a  people  treated  with  as  a  nation;  and  not  to  have 
paid  it  was  a  violation  of  a  treaty,  and  must  be  repaid  now.  For  the  claims  of 
American  citizens  on  Mexico  and  other  Governments  interest  has  been  claimed  by 
our  Government  and  allowed.  *  *  *  The  committee  therefore  report,  and  recom- 
mend the  adoption  of  the  following  resolutions: 

Whereas  by  the  treaty  of  the  6th  of  August,  1816,  between  the  United  States  and 
the  Cherokee  Indians,  certain  questions  were  agreed  to  be  submitted  to  the  decision 
of  the  Senate: 

/.  Resolved,  That,  in  the  opinion  of  the  Senate,  whatever  balance  of  the  fund  of 
$5,000,000  stipulated  to  be  paid  to  the  Cherokee  Nation  by  the  treaty  of  the  29th  of 
December,  1*35.  and  the  subsequent  additions  thereto,  may  now  be  ascertained  to 
be  due  to  the  said  Cherokee  Nation,  shall  bear  interest  at  the  rate  of  5  per  cent  per 
annum  from  the  time  found  due  until  the  same  be  paid  by  the  United  States. 

/.  Resolved,  That  the  charge  for  one  year's  subsistence  of  the  Cherokees  after 
their  arrival  in  the  West  is  not  a  proper  'charge  upon  the  fund  of  $5,000,000  afore- 
said, but  should  have  beep  paid  independently  of  that  fund  l>y  the  United  States. 

S.  Beeolved,  That  the  expense  of  removing  the  Cherokees  to  the  West  should,  in  like 
manner,  have  been  borne  bv  the  United  States  and  not  charged  to  the  fund  of 
$5,000,000  aforesaid, 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


23 


Coininissioner  Medill  ignores  this  important  report  and  its  unan- 
swerable argument.  He  quotes  the  unnamed  commissioners  whose 
argument  we  have  answered,  and  who  have  been  reversed  by  Congress 
in  the  force  of  their  argument  by  the  act  of  September  30,  1850,  and 
February  27,  1851,  wherein  the  very  items  they  argued  chargeable- 
against  the  trust  fund  were  refunded  by  Congress,  to  wit,  in  the  mat- 
ter of  subsistence  and  amounts  paid  to  Government  agents. 

These  commissioners  are  also  reversed  by  the  fourth  article  of  the 
treaty  of  1846,  which  substantially  agrees  with  the  old  settlers,  that 
removal  shall  not  be  charged  to  the  $5,000,000  fund.  We  regret  that 
among  the  Government  publications  we  have  been  uuable  to  find  the 
report  of  the  commissioners  quoted  by  Commissioner  Medill. 

We  did  rind,  however,  a  most  important  report  of  the  United  States 
commissioners  appointed  by  the  Secretary  of  War  to  inquire  into  the 
complaints  and  difficulties  of  the  Cherokees,  who  made  their  report  on 
January  17,  1815,  of  143  pages,  to  wit:  Hon.  Koger  Jones,  Adjutant- 
General  United  States  Army;  Hon.  Eichard  B.  Mason,  lieutenant- 
colonel  First  Dragoons;  Governor  Pierce  M.  Butler.  United  States 
agent.  These  commissioners  make  the  following  statement  (p.  12.  Senate 
Doc.  No.  140,  Twenty-eighth  Congress,  second  session,  vol.  8). 

The  Treaty  Party 

complain  of  the  noxreceipt  of  the  per  capita,  etc. 

The  commissioners  agree  with  the  complainants  that  a  large  balance  of  money  is 
due  from  the  United  States,  under  treaty  stipulations,  for  per  capita  division  among 
the  Cherokee  people. 

The  treaty  of  1835  guarantees  the  payment  of  $5,000,000  by  the  United  States  for 
the  Cherokee  lands,  subject  to  the  deduction  of  moneys  to  be  expended  on  certain 
objects  enumerated  in  the  fifteenth  article,  among  which  are  removal  and  subsistence. 

Had  legislation  on  the  subject  terminated  here,  the  United  States  were  bound  so 
to  administer  the  fund  that  the  price  of  the  lands  should  not  be  exhausted  by  the 
expenses  of  removal. 

The  sums  of  $20,  the  commutation  allowed  in  the  eighth  article  for  transportation, 
and  of  $33.33  for  subsistence,  would  seem  to  have  been  the  limits  beyond  which  no 
further  charge  for  these  objects  could  properly  be  made  upon  the  five  millions.  But 
the  Government,  in  the  exercise  of  a  benevolent  magnanimity,  consulting  not  so 
much  pecuniary  considerations  as  the  feelings  and  comfort  of  the  unfortunate  peo- 
ple, gave  the  removal  of  the  mass  of  them  into  the  hands  of  agents  chosen  from 
among  themselves,  instead  of  ottering  the  contract  for  their  transportation,  like  that 
of  so  many  cattle,  to  the  lowest  bidder. 

Surely,  if  these  expenses  proved  greater  than  anticipated  by  the  treaty  it  is  not 
just  to  make,  from  the  fund  voted  as  the  price  of  the  Cherokee  lands,  deductions  far 
exceeding  what  were  contemplated  when  that  price  was  fixed.  Still  less  is  it  just  that 
that  portion  of  the  Cherokee  people,  "the  treaty  party  so-called"  who  had  commuted 
for  their  removal,  should  have  their  reasonable  expectations  of  compensation  for  the 
homes  they  had  surrendered  defeated,  by  the  exhaustion  of  their  consideration 
money  in  the  removal  of  the  other  portion. 

Under  the  first  treaty  arrangement,  then,  the  United  States  would  seem  to  owe  the 
Cherokees  all  the  excess  that  has  been  paid  for  removal  and  subsisteuce  out  of  the 
five  millions,  over  the  amount  that  would  result  from  allowing  for  each  individual 
removed  the  respective  sums  of  $20  and  $33.33,  stipulated  in  the  treaty  as  commu- 
tation. 

But  there  are  yet  to  be  considered  certain  supplementary  articles  to  the  treaty 
and  the  subsequent  legislation. 

The  second  supplementary  article,  concluded  March  1, 1836,  is  to  this  effect:  That 
whereas  it  was  supposed  by  the  Cherokee  people  that  the  Senate,  in  fixing  the  sum 
of  five  millions  as  the  value  of  the  Cherokee  lands,  did  not  intend  to  include  the 
amount  which  might  be  required  for  removal,  the  subject  was  to  be  referred  to  the 
Senate,  that,  if  it  did  not  intend  the  five  millions  to  include  the  objects  specified, 
such  further  provision  might  be  made  as  might  appear  to  be  just. 

The  third  supplementary  article  says:  "  It  is  therefore  agreed  that  the  sum  of 
$600,000  shall  be,  and  the  same  is  hereby,  allowed  to  the  Cherokee  people,  to  include 
the  expense  of  their  removal:"  and  in 'the  sequel  concludes:  "but  it  is  expressly 
understood,  that  the  subject  of  this  article  is  merely  referred  hereby  to  the  cousid- 


24 


MEMORIAL  OF  EASTERN   OR  EMIGRANT  CHEROKEES. 


eration  of  the  Senate ;  and  if  they  shall  approve  the  same,  then  this  supplement  shall 
remain  part  of  the  treaty." 

The  Senate  did  approve  and  ratify  these  articles,  and  Congress  made  the  "further 
provision'-  called  for.  The  conclusion  seems  just  that  the  Government  thereby  rat- 
ified the  above  expressed  understanding  of  their  intentions,  and  debarred  them- 
selves from  making  any  charge  upon  the  tive  millions  for  the  expenses  of  removal. 

If  this  construction  be  correct,  then  are  the  United  States  bound  to  restore  to  the 
compensation  fund,  out  of  the  whole  sum  paid  for  removal,  such  portion  as  has  been 
charged  upon  the  general  fund;  and  also  to  restore  such  moneys  as  may  have  been 
paid  out  of  that  fund  tor  "objects  of  a  contingent  nature"'  not  enumerated  in  the 
treaty.  Of  course,  what  has  been  said  in  considering  the  complaints  of  the  "treaty 
party"  applies  to  the  whole  body  of  the  emigrants.  The  eommissioners  are  of  opin- 
ion that  the  nonreceipt  of  this  per  capita  is  the  germ  of  discontent — the  great  hin- 
drance to  the  harmony  and  quiet  of  the  complaining  parties  and  of  the  whole  people. 

As  a  final  and  certain  means  of  restoring  harmony  and  promoting  the  improve- 
ment Of  the  Cherokee  people  the  commissioners  beg  leave  strongly  and  respectfully 
to  recommend  that  their  authorities  be  heard  in  support  of  their  claims  on  the 
United  States,  and  that  a  new  treaty  be  concluded  on  the  just  and. liberal  basis  set 
forth  and  promised  in  the  letter  of  His  Excellency,  President  Tyler,  September  20, 
1841  (p.  — ).  By  such  a  measure  it  is  believed  not  only  will  the  good  faith  of  the 
United  States  be  triumphantly  shown,  but  they  will  be  more  than  repaid  for  this 
liberal  policy,  etc." 

Commissioner  Medill  entirely  ignores  this  important  report,  although 
these  high  commissioners  were  sent  to  make  report  on  these  very  mat- 
ters and  did  make  report  to  the  Secretary  of  War  the  very  year  pre- 
ceding the  treaty. 

The  only  argument  made  by  Commissioner  Medill  which  we  have  not 
completely  answered  is  his  argument  on  page  7,  Ex.  Doc.  65,  that, 
had  the  Government  intended  to  assume  the  whole  cost  of  removal,  an 
estimate  would  have  been  made  of  the  probable  cost  of  removal  and 
of  the  probable  amount  of  the  claims  in  order  that  the  additional  amount 
to  be  allowed  might  be  made  to  embrace  all;  he  says  this  was  not  done. 
Our  answer  is,  first,  that  it  was  done,  and  second,  that  it  was  not  nec- 
essary to  be  done. 

Manifestly,  the  absence  of  an  estimate  demonstrates  nothing.  Many 
appropriations  are  made  by  Congress  without  an  estimate  in  which 
Congress  does  intend  to  assume  the  whole  cost;  this  has  been  done  in 
thousands  of  cases.  But  in  regard  to  the  6600,000  for  spoliations  and 
removals,  there  was  an  estimate  fully  set  forth,  in  Schermerhorn's  pro- 
posed treaty  of  October  18,  1S35,  in  the  schedule  thereof,  to  wit,  for 
spoliations,  $250,000,  and  6255,000  for  removal.  And  article  3,  supple- 
ment 1835,  shows  on  its  face  that  the  8600,000  was  estimated  k'to 
include  the  expense  of  their  removal,*'  etc.,  and  leave  a  surplus  for  the 
education  fund. 

How  could  the  8600,000  include  the  cost  of  removal  unless  it  were 
estimated  as  more  than  enough  ? 

How  could  there  be  a  surplus  for  the  education  fund  unless  it  were 
estimated  that  6600,000  was  more  than  sufficient  to  pay  the  removal, 
etc ! 

It  is  notorious  that  the  Secretary  of  War,  May  25,  1838,  made  a  for- 
mal estimate  for  a  sum  sufficient  to  pay  the  cost  of  removal  of  every 
single  Cherokee  (although  it  proved  insufficient  because  of  the  terrible 
drought  and  winter  which  ensued). 

Commissioner  Medill  says  if  the  Government  had  intended  to  assume 
the  whole  cost  of  removal  an  estimate  would  have  been  made  of  the 
probable  cost  of  removal,  and  as  this  was  plainly  done,  according  to  his 
logic,  the  United  States  did  assume  the  whole  cost  of  removal. 

Commissioner  Medill  says  there  was  no  estimate,  and  therefore  the 
United  States  did  not  assume  the  whole  cost  of  removal.  He  is  wrong 
in  his  facts,  and  if  his  facts  were  right  he  would  be  wrong  in  his  logic. 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


25 


Yet,  on  his  report,  Mr.  Albion  K.  Paris,  Second  Comptroller,  and  John 
M.  McCalla,  Second  Auditor,  make  their  report  on  the  amount  due  the 
Gherokees,  in  which  they  say  they  take — 

As  a  basis  for  our  calculation  the  statement  of  amounts  made  by  the  Commissioner 
of  Indian  Affairs  in  his  report  of  May  10,  1848.  (Senate  Ex.  Doc.  No.  12,  Thirtieth 
Congress,  second  session.) 

And  thus  the  report  of  Commissioner  Meclill  became  responsible  for 
the  gross  wrong  perpetrated  upon  the  Cherokees  in  the  matter  of  their 
per  capita  fund  due  them  under  the  treaty  of  1835  and  1846,  and  even 
promised  them  by  President  Jackson  and  their  arch  enemy  Schermer- 
horn.  In  contrast  with  the  obscure,  unjust,  and  willfully  perverted 
report  of  Commissioner  Medill,  with  its  sins  of  commission  and  still 
greater  sins  of  omission,  we  appeal  to  the  report  of  the  Committee  on 
Indian  Affairs  of  the  United  States  Senate  through  Senator  Jarnagin 
and  of  Adjutant-General  Jones,  Governor  Butler,  and  Lieutenant- 
Colonel  Mason,  but  above  all  to  the  able,  exhaustive,  and  unanswerable 
report  of  the  experts  appointed  by  the  Interior  Department  as  author- 
ized and  directed  by  Congress,  to  bring  this  matter  to  a  settlement 
which  Attorney- General  Shields,  in  his  report  submitted  to  Congress, 
declared  should  be  final.  This  report  from  pages  70  to  88,  in  Senate 
Doc.  Xo.  215,  Fifty-sixth  Congress,  first  session,  we  make  as  our  con- 
cluding answer  to  every  objection  which  could  be  suggested  adverse  to 
our  claim.  Earnestly  praying  and  respectfully  insisting  upon  a  prompt 
report  in  our  favor  and  the  settlement  of  our  just  claim,  we  have  the 
honor  to  be, 

Your  most  obedient  and  humble  servants. 

The  Eastern  or  Emigrant  Cherokees 
(so  called)  of  the  indian  territory, 

David  Muskrat, 

Daniel  Gritts, 

Frank  J.  Boudinot, 

Executive  Committee. 

Robert  L.  Owen,  Of  Counsel, 


EXHIBITS. 

THE  CHEROKEE  NATION  OF  INDIANS. 

A  Narrative  of  Their  Official  Relations  With  the  Colonial  and  Federal 

Governments. 

By  Chas.  C.  Eoyce. 
[1835.J 

(Pages  276,  277.) 

The  memorial  of  the  Cherokee  Nation  respectfully  showeth,  that  they  approach 
your  honorable  bodies  as  the  representatives  of  the  people  of  the  United  States, 
intrusted  by  them  under  the  Constitution  with  the  exercise  of  their  sovereign  power, 
to  ask  for  protection  of  the  rights  of  your  memorialists  and  redress  of  their  grievances. 

They  respectfully  represent  that  their  rights,  being  stipulated  by  numerous  sol- 
emn treaties,  which  guaranteed  to  them  protection,  and  guarded,  as  they  supposed, 
by  laws  enacted  by  Congress,  they  had  hoped  that  the  approach  of  danger  would 
be  prevented  by  the  interposition  of  the  power  of  the  Executive,  charged  with  the 
execution  of  treaties  and  laws,  and  that  when  their  rights  should  come  in  question 
they  would  be  finally  and  authoritatively  decided  by  the  judiciary,  whose  decrees  it 
would  be  the  duty  of  the  Executive  to  see  carried  into  effect.  For  many  years  these 
their  just  hopes  were  not  disappointed. 

The  public  faith  of  the  United  States,  solemnly  pledged  to  them,  was  duly  kept 
in  form  and  substance.  Happy  under  the  parental  guardianship  of  the  United  States, 
they  applied  themselves  assiduously  and  successfully  to  learn  the  lessons  of  civiliza- 


26 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


tion  and  peace,  which,  in  the  prosecution  of  a  humane  and  Christian  policy,  the 
United  States  caused  to  be  taught  them.  Of  the  advances  they  have  made  under  the 
influence  of  this  benevolent  system  they  might  a  few  years  ago  have  been  tempted 
to  speak  with  pride  and  satisfaction,  and  with  grateful  hearts  to  those  who  have 
been  their  instructors.  They  could  have  pointed  with  pleasure  to  the  houses  they 
had  built,  the  improvements  they  had  made,  the  fields  they  were  cultivating;  they 
could  have  exhibited  their  domestic  establishments  and  shown  how,  from  wandering 
in  the  forests,  many  of  them  had  become  the  heads  of  families,  with  fixed  habitations, 
each  the  center  of  a  domestic  circle  like  that  which  forms  the  happiness  of  civilized 
man. 

They  could  have  shown,  too,  how  the  arts  of  industry,  human  knowledge,  and 
letters  had  been  introduced  among  them,  and  how  the  highest  of  all  the  knowl- 
edge had  come  to  bless  them,  teaching  them  to  know  and  to  worship  the  Christian 
God,  bowing  down  to  him  at  the  same  seasons  and  in  the  same  spirit  with  millions 
of  His  creatures  who  inhabit  Christendom,  and  with  them  embracing  the  hopes  and 
promises  of  the  gospel.  But  now  each  of  these  blessings  has  been  made  to  them  an 
instrument  of  the  keenest  torture.  Cupidity  has  fastened  its  eye  upon  their  lands 
and  upon  their  homes,  and  is  seeking  by  force,  and  by  every  variety  of  oppression 
and  wrong,  to  expel  them  from  their  lands  and  their  homes,  and  to  tear  them  from 
all  that  has  become  endeared  to  them.  Of  what  they  have  already  suffered  it  is 
impossible  for  them  to  give  the  details,  as  they  would  make  a  history.  Of  what 
they  are  menaced  with  by  unlawful  power  every  creature  of  the  United  States  who 
reads  the  public  journals  is  aware. 

In  this,  their  distress,  they  have  appealed  to  the  judiciary  of  the  United  States, 
where  their  rights  have  been  solemnly  established.  They  have  appealed  to  the 
Executive  of  the  United  States  to  protect  these  rights  according  to  the  obligations 
of  treaties  and  the  injunctions  of  the  laws.  But  this  appeal  to  the  Executive  has 
been  made  in  vain.  In  the  hope  that  by  yielding  something  of  their  clear  rights 
they  might  succeed  in  obtaining  security  for  the  remainder,  they  have  lately  opened 
a  correspondence  with  the  Executive,  offering  to  make  a  considerable  cession  from 
what  has  been  reserved  to  them  by  solemn  treaties,  only  upon  condition  that  they 
migh't  be  protected  in  the  part  not  ceded;  but  their  earnest  supplication  has  been 
unheeded,  and  the  only  answer  they  can  get  informs  them,  in  substance,  that  they 
must  be  left  to  their  fate  or  renounce  the  whole.  What  that  fate  is  to  be,  unhap- 
pily, is  too  plain. 

The  State  of  Georgia  has  assumed  jurisdiction  over  them,  has  invaded  their  terri- 
tory, has  claimed  the  right  to  dispose  of  their  lands,  and  has  actually  proceeded  to 
dispose  of  them,  reserving  only  a  small  portion  to  individuals,  and  even  these  portions 
are  threatened  and  will  no  doubt  soon  be  taken  from  them.  Thus  the  nation  is 
stripped  of  its  territory  and  individuals  of  their  property  without  the  least  color  of 
right  and  in  open  violation  of  the  guaranty  of  treaties.  At  the  same  time  the 
Cherokees,  deprived  of  the  protection  of  their  own  government  and  laws,  are  left 
without  the  protection  of  any  other  laws;  outlawed,  as  it  were,  and  exposed  to 
indignities,  imprisonment,  persecution,  and  even  to  death,  though  they  have  com- 
mitted no  offense  whatever  save  and  except  that  of  seeking  to  enjoy  what  belongs 
to  them  and  refusing  to  yield  it  up  to  those  who  have  no  pretense  of  title  to  it. 

Of  the  acts  of  the  legislature  of  Georgia  your  memorialist  will  endeavor  to  furnish 
copies  to  your  honorable  bodies,  and  of  the  doings  of  the  individuals  they  will  fur- 
nish evidence  if  required.  And.  your  memorialists  further  respectfully  represent 
that  the  Executive  of  the  United  States  has  not  only  refused  to  protect  your  memo- 
rialists against  the  wrongs  they  have  suffered  and  are  still  suffering  at  the  hands  of 
unjust  cupidity,  but  has  done  much  more.  It  is  but  too  plain  that  for  several  years 
past  the  power  of  the  Executive  has  been  exerted  on  the  side  of  their  oppressors  and 
is  cooperating  with  them  iu  the  work  of  destruction.  Of  two  particulars  in  the 
conduct  of  the  Executive  your  memorialists  would  make  mention,  not  merely  as 
matters  of  evidence,  but  as  specific  subjects  of  complaint  in  addition  to  the  more 
general  ones  already  stated. 

The  first  of  these  is  the  mode  adopted  to  oppress  and  injure  your  memorialists 
under  color  of  enrollments  for  emigration.  Unfit  persons  are  introduced  as  agents, 
acts  :ire  practiced  by  them  that  are  unjust,  unworthy,  and  demoralizing,  and  have 
no  object  but  to  force  your  memorialists  to  yield  and  abandon  their  rights  by  making 
tkeir'lives  intolerably  wretched.  They  forbear  to  go  into  particulars,  which  never- 
theless they  are  prepared,  at  a  proper  time,  to  exhibit. 

The  other  is  calculated  also  to  weaken  and  distress  your  memorialists,  and  is 
essentially  unjust.  Heretofore,  until  within  the  last  four  years,  the  money  appro- 
priated by  Congress  for  annuities  has  been  paid  to  the  nation,  by  whom  it  was  dis- 
tributed and  used  for  the  benefit  of  the  nation.  And  this  method  of  payment  was 
not  only  sanctioned  by  the  usage  of  the  Government  of  the  United  States,  but  was 
acceptable  to  the  Cherokees. 

Set,  without  any  oaase  known  to  your  memorialists  and  contrary  to  their  just 
expectations,  the  payment  has  been  withheld  for  the  period  just  mentioned,  on  the 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


27 


ground,  then  for  the  first  time  assumed,  that  the  annuities  were  to  be  paid,  not  as 
hitherto,  to  the  nation,  but  to  the  individual  Cherokees,  each  his  own  small  fraction, 
dividing  the  whole  according  to  the  numbers  of  the  nation.  The  fact  is  that  for  the 
last  four  years  the  annuities  have  not  been  paid  at  all. 

The  distribution  in  this  new  way  was  impracticable  if  the  Cherokees  had  been 
willing  thus  to  receive  it,  but  they  were  not  willing;  they  have  refused  and  the 
annuities  have  remained  unpaid.  Your  memorialists  forbear  to  advert  to  the 
motives  of  such  conduct,  leaving  them  to  be  considered  and  appreciated  by  Con- 
gress. All  they  will  say  is  that  it  has  coincided  with  other  measures  adopted  to 
reduce  them  to  poverty"  aud  despair  and  to  extort  from  their  wretchedness  a  conces- 
sion of  their  guaranteed  rights.  Having  failed  in  their  efforts  to  obtain  relief  else- 
where, your  memorialists  now  appeal  to  Congresss,  and  respectfully  pray  that  your 
honorable  bodies  will  look  into  their  whole  case,  and  that  such  measures  may  be 
adopted  as  will  give  them  redress  and  security. 

(Page  284.) 

REPORT  OF  MAJOR  DAVIS  (MARCH  5,  183G). 

I  conceive  that  my  duty  to  the  President,  to  yourself,  and  to  my  country  reluctantly 
compels  me  to  make"  a  statement  of  facts  in  relation  to  a  meeting  of  a  small  number 
of  Cherokees  at  New  Echota  last  December,  who  were  met  by  Mr.  Schermerhorn,  and 
articles  of  a  general  treaty  entered  into  between  them  for  the  whole  Cherokee  Nation. 

*  *  *  I  should  not  interpose  in  the  matter  at  all,  but  I  discover  that  you  do  not 
receive  impartial  information  on  the  subject;  that  you  have  to  depend  upon  the  ex 
parte, partial,  and  interested  reports  of  a  person  who  will  not  give  you  the  truth.  I 
will  not  be  silent  when  I  see  that  you  are  about  to  be  imposed  on  by  a  gross  and  base 
betrayal  of  the  high  trust  reposed  in  Rev.  J.  P.  Schermerhorn  by  you.  His  conduct 
and  course  of  policy  was  a  series  of  blunders  from  first  to  last.  *  *  *  It  has  been 
wholly  of  a  partisan  character. 

Sir,  that  paper  *  *  *  called  a  treaty  is  no  treaty  at  all,  because  not  sanctioned 
by  the  great  body  of  the  Cherokees  and  made  without  their  participation  or  assent. 
I  solemnly  declare  to  you  that  upon  its  reference  to  the  Cherokee  people  it  would  be 
instantly  rejected  by  nine-tenths  of  them  and  1  believe  by  nineteen-twentieths  of 
them.  There  were  not  present  at  the  conclusion  of  the  treaty  more  than  100  Chero- 
kee voters,  and  not  more  than  300  including  women  and  children,  although  the 
weather  was  everything  that  could  be  desired.  The  Indians  had  long  been  notified 
of  the  meeting,  and  blankets  were  promised  to  all  who  would  come  and  vote  for  the 
treaty.  The  most  cunning  and  artful  means  were  resorted  to  to  conceal  the  paucity 
of  numbers  present  at  the  treaty.  No  enumeration  of  them  was  made  by  Schermer- 
horn. The  business  of  making  the  treaty  was  transacted  with  a  committee  appointed 
by  the  Indians  present,  so  as  not  to  expose  their  numbers. 

The  power  of  attorney  under  which  the  committee  acted  was  signed  only  by  the 
president  and  secretary  of  the  meeting,  so  as  not  to  disclose  their  weakness.  *  *  * 
Mr.  Schermerhorn's  apparent  design  was  to  conceal  the  real  number  present,  and  to 
impose  on  the  public  and  the  Government  upon  this  point.  The  delegation  taken 
to  Washington  by  Mr.  Schermerhorn  had  no  more  authority  to  make  a  treaty  than 
any  other  dozen  Cherokees  accidentally  picked  up  for  that  purpose.  I  now  warn  you 
and.  the  President  that,  if  this  paper  of  Schermerhorn's  called  a  treaty  is  sent  to  the 
Senate  and  ratified,  you  will  bring  trouble  upon  the  Government  and  eventually 
destroy  this  (the  Cherokee)  natiou.  The  Cherokees  are  a  peaceable,  harmless  peo- 
ple, but  you  may  drive  them  to  desperation,  and  this  treaty  can  not  be  carried  into 
effect  but  bv  the  strong  arm  of  force. 

(Page  286:) 

SPEECH  OF  GEN.  R.  G.  DUNLAP  (SEPTEMBER,  1836). 

I  forthwith  visited  all  the  posts  within  the  first  three  States  and  gave  the  Chero- 
kees (the  whites  needed  none)  all  the  protection  in  my  power.  *  *  *  My  course 
has  excited  the  hatred  of  a  few  of  the  lawless  rabble  in  Georgia,  who  have  long 
played  the  part  of  unfeeling  petty  tyrants,  and  that  to  the  disgrace  of  the  proud 
character  of  gallant  soldiers  and  good  citizens.  I  had  determined  that  I  would 
never  dishonor  the  Tennessee  arms  in  a  servile  service  by  aiding  to  carry  into  execu- 
tion at  the  point  of  the  bayonet  a  treaty  made  by  a  lean  minority  against  the  will 
and  authority  of  the  Cherokee  people.  *  *  *  I  soon  discovered  that  the  Indians 
had  not  the  most  distant  thought  of  war  with  the  United  States,  notwithstanding 
the  common  rights  of  humanity  and  justice  had  been  denied  them. 

(Page  286:) 

REPORT  OF  GEN.  JOHN  E.  WOOL  (FEBRUARY  18,  1837). 

I  called  them  (the  Cherokees)  together  and  made  a  short  speech.  It  is,  however, 
vain  to  talk  to  a  people  almost  universally  opposed  to  the  treaty  and  who  maintain 
that  they  never  made  such  a  treaty.    So  determined  are  they  in  their  opposition 


28  MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


that  not  one  of  all  those  who  were  present  and  voted  at  the  council  held  but  a  day 
or  two  since,  however  poor  or  destitute,  would  receive  either  rations  or  clothing 
from  the  United  States  lest  they  might  compromise  themselves  in  regard  to  the 
treaty.  These  same  people,  as  well  as  those  in  the  mountains  of  North  Carolina, 
during  the  summer  past  preferred  living  upon  the  roots  and  sap  of  trees  rather  than 
receive  provisions  from  the  United  States,  and  thousands,  as  I  have  been  informed, 
had  no  other  food  for  weeks. 

Four  months  later  General  Wool  said  (p.  286) :  Had  Curry  lived  lie  would  assuredly 
have  been  killed  by  the  Indians.  It  is  a  truth  that  you  have  not  a  single  agent, 
high  or  low,  that  has  the  slightest  moral  control  over  the  Indians.  It  would  be  wise 
if  persons  appointed  to  civil  stations  in  the  nation  could  be  taken  from  among 
those  who  have  had  nothing  to  do  with  making  the  late  treaty. 

(Page  290:) 

GOYERXOR  GILMER,  OF  GEORGIA  (MAY,  1838). 

*  *  *  I  can  give  it  no  sanction  whatever.  The  proposal  could  not  be  carried 
into  effect  but  in  violation  of  the  rights  of  this  State.  *  *  *  It  is  necessary  that 
I  should  know  whether  the  President  intends,  by  the  instructions  to  General  Scott, 
to  require  that  the  Indians  shall  be  maintained  in  their  occupancy  by  an  armed 
force  in  opposition  to  the  rights  of  the  owners  of  the  soil.  If  such  be  the  intention, 
a  direct  collision  between  the  authorities  of  the  State  and  the  General  Government 
must  ensue.  My  duty  will  require  that  I  shall  prevent  any  interference  whatever 
by  the  troops  with  the  rights  of  the  State  and  its  citizens.  I  shall  not  fail  to  per- 
form it. 


HOUSE  EX.  DOC.  NO.  453,  VOL.  II,  PART  1,  1837-38,  TWENTY-FIFTH  CON- 
GRESS, SECOND  SESSION. 

(April  6,  1838:) 

Maj.  Gen.  Alex.  McComb,  commander  in  chief,  directs  Maj.  Gen.  W.  Scott  to  pre- 
pare to  remove  Cherokees  by  military  force,  as  "it  is  aj>prehended  that  the  mass  of  the 
nation,  under  some  delusion,  does  not  intend  to  remove  to  the  country  provided  for 
them  under  the  stipulations  of  the  treaty  entered  into  with  them  on  the  29th  of 
December,  1835." 

(May  10,  1838:) 

General  Scott  (p.  11)  issues  an  address  to  the  Cherokees  as  follows: 
Major-General  Scott,  of  the  United  States  Army,  sends  to  the  Cherokee  people 
remaining  in  North  Carolina,  Georgia.  Tennessee,  and  Alabama  this 

ADDRESS. 

Cherokees  :  The  President  of  the  United  States  has  sent  me  with  a  powerful  army 
to  cause  you,  in  obedience  to  the  treaty  of  1835,  to  join  that  part  of  your  people  who 
are  already  established  in  prosperity  on  the  other  side  of  the  Mississippi.  Unhap- 
pily, the  two  years  which  were  allowed  for  the  purpose  you  have  suffered  to  pass 
away  without  following,  and  without  making  any  preparation  to  follow,  and  now,  or 
by  the  time  that  this  solemn  address  shall  reach  your  distant  settlements,  the  emigra- 
tion must  be  commenced  in  haste,  but  I  hope  without  disorder.  I  have  no  power, 
by  granting  a  further  delay,  to  correct  the  error  that  you  have  committed.  The  full 
moon  of  May  is  already  on  the  wane,  and  before  another  shall  have  passed  away 
every  Cherokee  man,  woman,  and  child  in  those  States  must  be  in  motion  to  join 
their  brethren  in  the  far  West. 

My  friends,  this  is  no  sudden  determination  on  the  part  of  the  President,  whom 
you  and  I  must  now  obey.  By  the  treaty  the  emigration  was  to  have  been  com- 
pleted on  or  before  the  23d  of  this  month,  and  the  President  has  constantly  kept 
you  warned,  during  the  two  years  allowed,  through  all  his  officers  and  agents  in 
this  country,  that  the  treaty  would  be  enforced. 

I  am  come  to  carry  out  that  determination.  My  troops  already  occupy  many  posi- 
tions in  the  country  that  you  are  to  abandon,  and  thousands  ;md  thousands  are 
approaching  from  every  quarter  to  render  resistance  and  escape  alike  hopeless.  All 
those  troops,  regular  and  militia,  are  your  friends.  Receive  them  and  confide  in 
them  as  such.  Obey  them  when  they  tell  you  that  you  can  remain  no  longer  in  this 
country.  Soldiers  are  as  kind  hearted  as  brave,  and  the  desire  of  every  one  of  us  id 
to  execute  our  painful  duty  in  mercy.  Wo  are  commanded  by  the  President  to  act 
toward  you  in  that  spirit,  and  such  is  also  tho  wish  of  the  whole  people  of  America. 

Chiefs,  headmen,  ami  warriors,  will  you,  then,  by  resistance  compel  us  to  resort 
to  arms  I  God  forbid.  Or  will  you  by  Hight  seek  to  hide  yourselves  in  mountains 
and  forests,  and  thus  oblige  us  to  hunt  you  down?    Kemeniber  that  in  pursuit  it 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES 


29 


may  be  impossible  to  avoid  conflicts.  The  blood  of  the  white  man  or  the  blood  of 
the'  red  man  may  be  spilt,  and  if  spilt,  however  accidentally,  it  may  be  impossible 
for  the  discreet  and  humane  among  you  or  among  us  to  prevent  a  general  war  aud 
carnage.  Think  of  this,  my  Cherokee  brethren.  I  am  an  old  warrior  aud  have 
been  present  at  many  a  sceue  of  slaughter;  but  spare  me,  I  beseech  you,  the  horror 
of  witnessing  the  destruction  of  the  Cherokees. 

Do  not,  I  invite  you,  even  wait  for  the  close  approach  of  the  troops,  but  make 
such  preparations  for  emigration  as  you  can,  and  hasten  to  this  place,  to  Ross's 
Landing  or  to  Guuter's  Landing,  where  you  all  will  be  received  in  kindness  by  officers 
selected  for  the  purpose.  You  will  find,  food  for  all  and  clothing  for  the  destitute 
at  either  of  these  places,  and  thence  at  your  ease  and  in  comfort  be  transported  to 
your  new  homes  according  to  the  terms  of  the  treaty. 

This  is  the  address  of  a  warrior  to  warriors.  May  his  entreaties  be  kindly  received, 
and  may  the  God  of  both  prosper  the  Americans  and  Cherokees  and  preserve  them 
long  in  peace  and  friendship  with  each  other. 

Win  field  Scott. 

Cherokee  Agency,  May  10,  1S3S. 
(May  17,  1838:) 

General  Scott  (p.  8)  issues  General  Order,  No.  25,  announcing  to  the  troops  ''that, 
with  them,  he  has  been  charged  by  the  President  to  cause  the  Cherokee  Indians  yet 
remaining  in  North  Carolina,  Georgia,  Tennessee,  and  Alabama  to  remove  to  the 
West,  according  to  the  terms  of  the  treaty  of  1835;"  announces  his  staff,  divides 
the  country  into  districts  to  be  commanded  by  the  officers  severally  named,  and 
arranges  plans  of  operation,  etc. 

(June  7,  1838:) 

General  Scott  (p.  18)  acknowledges  to  Hon.  J.  R.  Poinsett,  Secretary  of  War, 
the  receipt  of  his  letter  of  23d  of  May,  "  inclosing  a  copy  of  the  proposals  made  by  the 
Department  to  the  Cherokee  delegation,  of  a  date  five  days  earlier/'  and  says, 
among  other  things : 

"  The  peace,  nay,  the  lives  of  the  Indians  require  that  they  should  be  immediately 
removed  from  Alabama,  as  well  as  from  Georgia,  Tennessee,  and  North  Carolina. 
Accordingly  I  am  glad  to  find  myself  instructed  to  continue  my  operations,  although 
I  should  be  extremely  delighted  if  something  more  could  be  done  to  soothe  the  feel- 
ings of  the  Cherokees  and  to  compensate  them  in  money,  at  least,  in  part  discharge 
of  that  great  debt  of  justice  due  from  the  United  States." 

General  Scott  further  savs: 

"There  is  remaining  in  the  Cherokee  country  no  authority  or  no  set  of  agents  to 
sign  any  stipulation  or  contract  in  the  least  degree  binding  on  the  Indians.  The 
whole  political  power  of  the  tribe  is,  at  least  for  the  time,  in  the  hands  of  the  dele- 
gation at  Washington:  and  should  that  delegation,  or.  rather,  Mr.  John  Ross  (whom 
all  obey),  ever  present  himself  to  me,  I  do  not  see  that  I  should  have,  under  the  pro- 
posals, power  to  do  more  than  to  take  the  business  of  emigrating  the  Indians  out  of 
the  hands  of  the  present  superintendent  and  to  put  it  into  his.  This  would,  no  doubt, 
be  highly  agreeable  to  the  Ross  party,  and  in  the  same  degree,  without  many  guards, 
offensive  if  not  fatal  to  the  opposite  party— a  mere  fraction,  but  consisting  of  indi- 
viduals of  great  wealth  and  respectability." 

(June  15 :) 

General  Scott  reports  (p.  22)  to  Secretary  of  War: 

"  A  few  families  and  individuals  have,  however,  it  is  known,  taken  refuge  in  the 
mountain  parts  of  three  districts.  With  such  exceptions  Georgia  may  be  said  to  be 
cleared  of  Cherokees,  and  in  three  or  five  days  as  much  will  have  been  clone  in  Ten- 
nessee, North  Carolina,  and  Alabama." 

(June  18:) 

General  Scott  reports  (p.  26) : 

"I  have,  with  the  concurrence  of  the  superintendent  of  Cherokee  emigration  and 
after  the  fullest  inquiries,  determined  to  suspend  further  emigration  until  the  1st  of 
September  next.  Not  only  the  comfort,  but  the  safety,  of  the  Indians  in  reference  to 
the  advanced  season  has  forced  this  decision  upon  me.  In  the  meantime  I  propose 
to  hold  the  prisoners  and  voluntary  emigrants  in  convenient  camps,  guarded  by  the 
regular  troops,  around  the  two  great  emigrating  depots." 


CHEROKEE  PETITIONS. 

June  9,  1838. 

We  have  heard  with  intense  emotions  your  address  of  the  10th  of  May.  We  have, 
with  more  or  less  distinctness,  heard  rumors  of  subsequent  orders  and'of  their  exe- 
cution.   We  have  considered  them  with  all  the  seriousness  and  care  of  which  we  were 


30  MEMORIAL  OF  EASTERN   OR  EMIGRANT  CHEROKEES. 


capable  and  which  their  portentous  character  demands.  A  most  formidable  mili- 
tary force  is  arrayed  against  us  for  declining  to  comply  with  the  requirements  of  the 
instrument  of  New  Echota.  If  this  be  a  crime,  sir,  it  has  been  committed  in  the 
honesty  of  our  hearts  and  in  pursuance  of  the  principles  of  justice,  in  which  we  have 
been  instructed  by  your  own  most  honored  chiefs.  But,  sir,  we  do  not  appear  before 
you  in  this  our  humble  address  to  discuss  the  merits  of  that  compact,  which,  even 
under  the  most  appalling  circumstances,  we  dare  not  in  conscience  recognize  in  any 
other  character  than  that  of  Iraud  upon  the  United  States  as  well  as  upon  the 
Cherokees.  We  approach  you,  sir,  in  the  character  of  individuals  of  a  besieged 
nation.  We  offer  no  resistance  to  your  troops.  We  seek  not  to  hide  ourselves  by 
flight.  We  are  at  all  times  accessible,  as  you  have  had  ample  proof.  We  are  entirely 
at  your  mercy.  We  are  altogether  in  your  hands.  But,  sir,  bad  as  our  condition  is, 
we  can  not  but  rejoice  that  we  have  fallen  into  the  hands  of  a  commander  who  can 
appreciate  our  feelings  as  lovers  of  our  country  and  lovers  of  right.  We  venerate 
the  virtues  of  the  patriot  chieftain,  whose  life  has  been  hazarded  in  defense  of  his 
country's  rights:  who  has  braved  the  terrors  of  the  battlefield  in  defense  of  the  very 
principles  to  which  we  humbly  presume  to  cling.  We  respect  the  humanity  which 
breathes  through  your  orders,  the  care  for  onr  comfort  which  they  evince,  and  the 
deprecation  of  destruction  of  the  Cherokees  which  they  express. 

In  this  dark  hour  it  is  consoling  to  be  told  that  our  father,  the  President,  has 
commanded  the  duties  with  which  you  are  charged  to  he  executed  in  mercy  and  that 
"such  is  the  wish  of  the  whole  American  people/'  It  is  consoling  also  to  perceive 
that  the  same  sentiment  is  expressed  in  the  President's  communication  to  the  gov- 
ernors concerned  and  in  the  opinion  of  the  Secrerary  of  War,  approved  by  the  Presi- 
dent and  by  him  laid  before  Congress,  as  well  as  in  the  honorable  Secretary's  letter 
to  yourself  of  the  23d  of  May. 

Indulging  also  the  assurance  of  your  own  good  feeling  toward  our  people,  as  well 
from  your  communications  as  from  the  known  magnanimity  and  generosity  of  your 
character,  we  can  not  but  entertain  the  hope  that  this  our  humble  address  will  meet 
with  your  favorable  regard,  especially  as  our  requests  are  in  perfect  conformity  with 
the  expressed  sentiments  of  high  functionaries  of  Government  and  the  whole  Ameri- 
can people. 

Our  request,  sir,  is  this:  That  the  capture  and  emigration  of  our  people  may  not 
be  executed  with  so  much  haste  at  the  present  season  of  the  year,  as  threatening  an 
amount  of  suffering,  disease,  and  death,  so  frightful  as  to  excite  forebodings  little 
short  of  the  extermination  of  our  whole  race.  The  journey  to  Arkansas  has  often  been 
performed  from  this  country.  Our  people  are  well  acquainted  with  the  results  which 
have  uniformly  attended  it. 

Under  favorable  conditions,  in  healthful  seasons,  with  willing  emigrants,  and  in 
numbers  so  small  as  to  admit  of  their  being  immediately  accommodated  by  their 
friends  with  shelter  from  worst  effects  of  the  insalubrity  of  the  climate,  an  alarming 
amount  of  sickness  and  death  has  been  the  constant  attendant.  And  what  can  be 
expected  if  the  remainder  of  the  16,000  or  17,000  souls  be  captured  in  one  day  and 
sent  off  at  once  in  this  sickly  season?  In  complying  with  this  our  most  importunate 
request  we  can  conceive  no  disadvantage  which  it  would  occasion  to  the  service 
with  which  you  are  charged,  as  the  business  of  capturing  our  whole  people  can  be 
effected  any  day  you  may  be  pleased  to  order  it.  With  regard  to  those  already  made 
prisoners,  our  request  is  that  they  may  be  indulged  with  the  privilege  of  a  parole 
until  the  season  will  admit  of  their  emigrating  with  greater  security  to  their  health. 
With  regard  to  the  faithful  observance  of  the  parole,  we  are  willing  to  pledge  our- 
selves to  guarantee  their  punctual  appearance  at  the  time  you  may  prescribe,  and  if 
you  should  think  the  guarantee  of  the  national  council  necessary,  we  hesitate  not  to 
say  that  it  shall  be  given  as  early  as  a  session  can  be  convened. 

We  ask  for  no  delay  that  can  in  the  least  interfere  with  the  measure  of  govern- 
ment as  expressed  in  the  documents  referred  to.  It  is  very  evident,  sir,  that  the 
emigrants,  if  taken  off  at  this  time,  will  arrive  there  at  the  sickly  season.  They 
will  have  no  shelter,  no  furniture,  few  tools,  and  no  health  to  use  them  so  as  to 
prepare  for  their  own  comfort  and  that  of  their  families,  so  they  will  be  exposed 
throughout  the  whole  season  to  the  ravages  of  that  sickly  climate;  whereas  in  the 
fall  they  would  arrive  at  the  commencement  of  the  healthful  season,  which  would 
afford  them  an  opportunity  to  provide  for  the  comfort  of  themselves  and  families. 
To  be  taken  by  thousands  from  this  healthful  country  and  set  down  on  the  banks  of 
Arkansas  in  the  month  of  July,  or  to  be  detained  on  that  sickly  stream  on  account 
of  low  waters,  far  short  of  the  place  of  destination,  is  a  thought  at  which  our  hearts 
sicken;  our  wives  and  children,  our  aged  and  inrirm,  and  onr  strongest  men,  laid 
prostrate  together,  is  a  consideration  which  breaks  our  hearts,  which  unmans  our 
firmest  nerve. 

In  conclusion,  sir,  permit  us  to  appeal  to  your  magnanimity,  to  your  humanity, 
to  your  compassion  ;  the  lives  of  our  whole  nation  are  at  your  disposal :  at  your  word 
thousands  of  people  may  die  and  their  names  be  forgotten;  at  your  word  they  may 
live;  and  by  the  favor  of  Providence  their  posterity  may  bless  your  name  and  trans- 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES.  31 


mit  in  gratitude  its  remembrance  to  the  latest  generation.  Assuredly,  sir,  this  is  no 
common  occurrence.  The  annals  of  time  exhibit  few  instances  in  which  an  indi- 
vidual is  placed  in  a  condition  to  confer  benefits  lasting  and  substantial  on  a  great 
portion  of  our  race. 

We  add  no  more.    With  the  most  solicitous  anxiety  we  await  the  result  of  this 
application.    Your  favorable  attention  will  cheer  our  hearts;  your  rejection  of  our 
suit  will  seal  our  despair. 
With  the  most  profound  respect,  we  are,  sir,  your  humble  servants, 

George  Lowry. 
Thomas  Foreman. 
(And  Others.) 

Major-General  Scott,  U.  S.  A., 

Commanding  Cherokee  Nation. 

P.  S. — A  report  has  reached  us  that  several  hundred  of  our  people  now  at  or  near 
Ross  Landing  are  to  be  sent  off  in  a  few  days.  Pardon  us,  sir,  if  we  can  not  con- 
ceal our  anxiety  on  their  account.    We  feel  for  them  as  friends  condemned  to  die. 


Cherokee  Agency,  June  11,  1S38. 
Sir:  We,  your  humble  petitioners  (and  who,  before  this  may  reach  your  eyes 
will,  no  doubt,  most  of  us,  be  your  prisoners),  ask  permission,  very  respectfully, 
to  represent: 

That  the  orders  of  our  great  ally  and  protector,  the  President  of  the  United  States, 
as  contained  in  your  address  of  the  10th  of  May,  has  rilled  our  mind  with  astonishment 
and  dismay.  We  have  relied  with  unwavering  confidence  on  the  good  faith  of  the 
United  States.  When  told  by  the  makers  of  the  unjust  paper  of  New  Echota  that  we 
were  deceiving  ourselves  by  doing  so,  we  could  not  believe  them;  and  we  were  fully 
persuaded  that  all  our  difficulties  originated  in  the  corrupt  principles  and  practices 
of  the  promoters  and  makers  of  that  instrument  on  both  sides,  and  that  nothing  but 
a  fair  representation  of  the  case  was  required  to  insure  to  us  ample  justice.  We 
solicited  investigation  with  all  earnestness.  A  special  agent  from  the  President 
came  to  our  last  general  council  for  that  purpose.  In  all  frankness  and  friendship 
he  was  hailed  and  honored  at  our  council  ground.  Nothing  was  concealed  from 
him.  We  anticipated  a  fair  report  to  the  President  and  an  immediate  abrogation  of 
that  perfidious  instrument. 

That  report  has  lately  been  published.  We  have  read  it  with  unmingled  satisfac- 
tion. It  is  the  truth,  and  the  maker  of  it  will  long  be  remembered  with  gratitude 
and  honor  by  the  Cherokee  people. 

Why  the  execution  of  that  compact  should  be  urged  with  such  precipitancy,  in 
the  face  of  that  illustration  of  its  character,  we  can  not  conceive,  nor  is  this  the 
place  to  discuss  that  point.  Our  present  object  is  to  address  yourself,  sir,  as  having 
the  unquestioned  control  of  our  destinies,  so  far  as  physical  force  is  concerned;  to 
propitiate  your  compassion  in  the  exercise  of  your  power,  so  as  to  mitigate  horrors 
which  must  result  from  carrying  into  effect  the  course  intimated  in  a  part  of  your 
address,  which  says,  "that  before  another  moon  shall  have  passed  away  every 
Cherokee,  man,  woman,  and  child,  must  be  in  motion  to  join  their  brethren  in  the  far 
West."  This,  sir,  would  bring  us  to  Arkansas  just  at  the  beginning  of  the  sickly 
season:  and  it  can  not  but  be  hazardous  in  the  extreme,  and  more  fearfully  so  for 
constitutions  habituated  to  this  healthful  atmosphere,  to  crowd  together,  at  so 
unfavorable  a  season,  a  whole  nation  of  people,  with  all  the  conditions  of  age  and 
infirmity  and  sex  and  helplessness,  in  all  the  varieties  whiah  such  a  concourse  must 
comprise,  and  without  houses,  to  be  exposed  to  the  deleterious  fogs  and  winds  and 
heats,  most  fatal  to  health.  The  inevitable  consequence  of  such  a  course  must  be 
most  appalling  ravage  of  disease  and  death.  This  measure,  sir,  we  most  solemnly 
and  most  earnestly  deprecate.  Our  position  is  urgent,  sir;  but  we  bespeak  your 
patience  to  suffer  us  to  urge  the  most  pressing  considerations  of  humanity  and  of 
mercy.  WTe  urge  it,  sir,  by  the  sentiments  expressed  by  yourself,  that  "it  is  the 
desire  of  everyone  of  us  to  execute  this  painful  duty  in  mercy."  "We  are  com- 
manded," you  say,  "by  the  President  to  act  toward  you  in  that  spirit,  and  such  also 
is  the  wish  of  the  whole  of  the  American  people."  If  it  be  painful  to  you,  sir,  to 
contemplate  the  work,  what  must  be  the  feelings  of  the  Cherokees,  who  are  to  be  the 
subjects  of  the  disaster  and  ruin  which  must  ensue?  For,  sir,  if  we  are  hurried  off 
at  this  season,  we  must,  unavoidably,  fall  a  prey  to  that  cruel  climate,  and  our  com- 
plaints will  be  forever  silenced. 

Do  not  upbraid  us,  sir,  with  neglecting  to  make  preparation  and  with  wasting 
the  time  allowed  for  that  purpose.  The  President  can  not  do  so  with  Colonel 
Mason's  report  in  his  hands.  The  President  has  made  no  treaty  with  us  on  the  basis 
of  removal,  although  we  have,  by  our  delegation,  asked  him  to  do  so.  We  can  not 
but  feel  aggrieved  to  be  charged  with  neglect  and  unfaithfulness  by  a  power  to 


32  MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


-which  we  dare  not  reply.  Your  age  and  experience  can  appreciate  this  our  feeling 
of  mortification  and  feebleness. 

Yeu  have  us  completely  in  your  power,  sir.  On  this  point  there  is  no  controversy. 
Our  whole  people  are  your  prisoners,  or  expect  to  he  so  in  a  few  days;  therefore, 
whatever  you  may  do  to  alleviate  our  distresses  must  he  viewed  by  us  as  emanating 
from  your  own  magnanimity  and  the  feeling  of  humanity,  and  must  be  so  viewed 
by  the  intelligent  and  virtuous  of  the  United  States  and  of  other  nations,  who  will 
wear  for  you  a  wreath  of  fairer  laurels  than  can  be  gathered  by  the  destruction 
of  the  unoffending,  unarmed,  and  unwarlike  Cherokees. 

Pardon,  sir,  the  freedom  with  which  we  have  urged  our  anxious  plea.  Our  case 
is  pressing  and  will  admit  of  no  delay.  We  ask  most  respectfully  and  most  humbly 
that  we  may  not  be  sent  to  the  West  till  fall,  when  the  prospect  of  health  will  be 
more  favorable.  Our  humble  petition  is  before  you;  we  hope  for  a  favorable 
answer. 

George  Lowry. 

L.  W.  HlLDERBRAND. 

(And  Others.) 

Major-General  Scott,  U.  S.  A., 

Cherokee  Country. 


Headquarters  Eastern  Division, 

Cherokee  Agency,  June  19,  1838. 
Gentlemen:  I  have  received  two  memorials  numerously  signed  by  yourselves  and 
other  Cherokees,  dated,  respectively,  the  9th  and  11th  of  this  month,  praying: 

1.  That  the  collection  of  the  Cherokees  by  the  troops  for  emigration  may  be 
delayed  or  relaxed,  and 

2.  That  the  families  and  individuals  so  collected,  or  who  have  voluntarily  come 
in,  may  not  be  sent  off  to  the  west  of  the  Mississippi  before  the  next  autumn. 

Under  my  instructions  from  the  President  no  delay  or  relaxation  can  be  permitted 
in  the  collection  of  the  whole  Cherokee  people  east  preparatory  to  their  early  emi- 
gration, west. 

In  respect  to  the  second  proposition  I  am  disposed  to  grant  indulgence,  if  the 
chiefs  and  headmen  present  will  give  me  a  written  pledge  for  themselves  and  the 
other  chiefs  and  headmen  absent  to  the  following  conditions: 

1.  That  each  will  discountenance  and  suppress  among  the  Cherokee  people  the 
idea  that  there  is  the  slightest  intention  on  the  part  of  the  United  States  to  suspend 
the  emigration  beyond  the  1st  of  September  next,  for  in  all  that  month  it  is  my 
solemn  expectation  and  purpose  to  put  in  motion  from  the  emigrating  depots  every 
Cherokee  east  for  the  Cherokee  country  west  of  the  Mississippi. 

2.  That  the  chiefs  and  headmen  will,  in  good  faith,  exert  their  authority  to  pre- 
vent their  people  from  escaping  or  straggling  from  the  camps  which  may  be  assigned, 
or  leaving  the  latter  beyond  the  limits  prescribed,  except  on  special  written  permis- 
sions, to  be  signed  by  the  nearest  commander  of  troops  or  by  the  superintendent  of 
Cherokee  emigration. 

3.  That  the  same  authority  will  be  employed  to  preserve  good  order  among  the 
Indians  in  the  respective  camps,  to  prevent  drinking,  to  prevent  any  injury  to  the 
citizens  or  their  property,  and  to  aid  the  emigrating  officers  and  agents  in  obtaining 
an  exact  list  or  register,  by  names,  families,  ages  and  sexes,  of  all  the  Cherokees 
who  are  to  be  emigrated. 

Expecting  a  prompt  acceptance  of  the  foregoing  conditions,  I  remain, 
Your  friend, 

Winfield  Scott. 

Messrs.  G.  Lowry,  T.  Foreman,  and  Others. 


Cherokee  Agency,  June  19,  1S3S. 
Sir  :  We  have  the  honor  of  acknowledging  the  reception  of  your  communication  of 
the  present  instant  in  answer  to  our  petitions  of  the  9th  and  11th  of  the  present 
month.  Sir,  we  shall  ever  feel  under  much  obligation  to  you  for  the  indulgence 
which  you  seem  disposed  to  allow  us  upon  the  conditions  specified  in  your  communi- 
cation. Without  specifying  particulars  we  respectfully  accept  these  conditions,  and 
hereby  pledge  ourselves  to  use  our  best  efforts  to  have  them  strictly  complied  with. 
We  have,  sir,  the  honor  to  be,  your  friends, 

George  Lowry. 
Lewis  Ross. 
(And  Others.) 

Major-General  Scott,  U.  S.  A., 

Commanding. 


MEMORIAL   OF  EASTERN   OR  EMIGRANT  CHEROKEES. 


33 


EMIGRATION  OF  INDIANS. 

RESOLUTION  OF  THE  CHEROKEE  COUNCIL. 

Whereas  the  whole  population  of  the  Cherokeee  Nation  have  been  captured  by 
the  order  of  the  President  of  the  United  States  in  order  to  their  transportation  from 
the  land  of  their  fathers  to  the  west  of  the  river  Mississippi,  in  execution  of  the 
alleged  stipulations  of  an  instrument  purporting  to  be  a  treaty  made  at  New  Echota 
in  1835,  but  against  the  validity  of  which  the  Cherokees  have  always  earnestly 
protested ; 

And  whereas  Maj.  Gen.  Winfield  Scott,  having  the  execution  of  this  order  in 
charge,  had  actually  commenced  their  transportation,  but  from  motives  of  humanity 
was  pleased  kindly  to  entertain  the  memorials  presented  to  him  by  a  part  of  our 
people  on  behalf  of  the  whole,  and  in  compliance  with  their  prayers  magnanimously 
agreed  to  suspend  their  further  transportation  until  the  1st  of  September; 

And  whereas  our  delegation  has  just  returned  from  Washington  City,  and  having 
important  suggestions  to  make  to  the  commanding  general,  under  a  special  under- 
standing with  the  honorable  Secretary  of  War,  in  reference  to  the  removal  of  the 
nation  to  the  West,  have  submitted  the  matter  to  this  council  for  advice: 

Resolved,  therefore,  by  the  national  committee  and  council  and  people  of  the  Cherokee 
Nation  in  general  council  assembled,  That  it  is  the  decided  sense  and  desire  of  this 
general  council  that  the  whole  business  of  the  emigration  of  our  people  shall  be 
undertaken  by  the  nation,  and  the  delegation  are  hereby  advised  to  negotiate  the 
necessary  arrangements  with  the  commanding  general  for  that  purpose. 

Richard  Taylor, 
President  of  the  National  Committee. 
E.  Hicks. 
(And  Others.) 

A<juohee  Camp,  July  21,  1S3S. 


No.  1. 

PROPOSITION  OF  CHEROKEE  DELEGATION  TO  GENERAL  SCOTT. 

Amoke  District,  Aquohee  Camp,  Ju  ly  23,  1838. 

Sir:  In  respectfully  presenting  for  your  consideration  the  following  suggestions 
in  relation  to  the  removal  of  the  Cherokee  people  to  the  West  it  may  be  proper  very 
brielly  to  advert  to  certain  facts  which  have  an  important  bearing  on  the  subject. 

It  is  known  to  you,  sir,  that  the  undersigned,  the  delegates  of  the  Cherokee 
Nation,  submitted  to  the  honorable  the  Secretary  of  War  the  project  of  a  treaty  on 
the  basis  of  a  removal  of  the  Cherokee  Nation  from  "all  the  lands  now  occupied  by 
them  eastward  of  the  Mississippi,"  and  on  terms  the  most  of  which  the  honorable 
Secretary  expresses  himself  as  "not  willing  to  grant."  The  present  condition  of  the 
Cherokee  people  is  such  that  all  dispute  as  to  the  time  of  emigration  is  set  at  rest. 
Being  already  severed  from  their  homes  and  their  property — their  persons  being 
under  the  absolute  control  of  the  commanding  general — and  being  altogether  depend- 
ent on  the  benevolence  and  humanity  of  that  high  officer  for  the  suspension  of  their 
transportation  to  the  West  at  a  season  and  under  circumstances  in  which  sickness 
and  death  were  to  be  apprehended  to  an  alarming  extent,  all  inducements  to  pro- 
long their  stay  in  this  country  are  taken  away,  and  however  strong  their  attachment 
to  the  homes  of  their  fathers  may  be,  their  interest  and  their  wishes  now  are  to 
depart  as  early  as  may  be  consistent  with  their  safety,  which  will  appear  from  the 
following  extract  from  their  proceedings  on  the  subject: 

"Resolved  by  the  national  committee  and  council  and  people  of  the  Cherokee  Nation 
in  general  council  assembled,  That  it  is  the  decided  sense  and  desire  of  this  general 
council  that  the  whole  business  of  the  emigration  of  our  people  shall  be  undertaken 
by  the  nation;  and  the  delegation  are  hereby  advised  to  negotiate  the  necessary 
arrangements  with  the  commanding  general  for  that  purpose.'' 

In  conformity,  therefore,  with  the  wishes  of  our  peojile,  and  with  the  fact  that  the 
delegation  has  been  referred  by  the  honorable  the  Secretary  of  War  to  conclude  the 
negotiation  in  relation  to  emigration  with  the  commanding  general  in  the  Cherokee 
country,  we  beg  leave,  therefore,  very  respectfully  to  propose — 

That  the  Cherokee  Nation  will  undertake  the  whole  business  of  removing  their 
people  to  the  west  of  the  river  Mississippi ; 

That  the  emigration  shall  commence  at  the  time  stipulated  in  a  pledge  given  to 
you  by  our  people,  as  a  condition  of  the  suspension  of  their  transportation  until  the 

S.  Doe,  392  3 


34 


MEMORIAL  OF  EASTERN  OK  EMIGRANT  CHEROKEES. 


sickly  season  should  pass  away,  unless  prevented  by  some  cause  which  shall  appear 
reasonable  to  yourself; 

That  the  per  capita  expense  of  removal  he  based  on  the  calculation  of  one  wagon 
and  team  and  six  riding  horses  required  for  fifteen  persons; 

That  the  Cherokees  shall  have  the  selection  of  physicians  and  such  other  persons 
as  may  be  required  for  the  safe  and  comfortable  conducting  of  the  several  detach- 
ments to  the  place  of  destination — their  compensation  to  be  paid  by  the  United  States. 
We  have  the  honor  to  be,  your  obedient  servants, 

John  Ross. 
Elijah  Hicks. 
(And  Others.) 

Maj.  Gen.  Winfield  Scott,  U.  S.  A., 

Commanding,  etc. 


No.  2. 

Headquarters  Eastern  Division, 

Cherokee  Agency,  July  25,  1S38. 
Gentlemen:  I  have  received  your  letter  submitting  certain  proposals,  dated  on 
the  23d  instant. 

On  the  part  of  the  United  states  I  am  ready  to  place  the  whole  business  of  com- 
pleting the  emigration  of  the  Cherokee  people  remaining  east  of  the  Mississippi 
(with  an  exception  to  be  mentioned;  see  the  exception  and  note  upon  it  below)  to 
their  new  homes  west  of  that  river  in  the  hands  of  sucli  functionaries  of  the  East- 
ern Cherokees  as  may  exhibit  to  me  from  the  same  due  authority  to  undertake  and 
carry  through  the  emigration,  on  the  following  conditions: 

1.  That  the  said  functionaries  and  their  people  shall  continue  to  observe  and  exe- 
cute, in  good  faith,  the  promises  given  to  me  in  writing  by  certaiu  chiefs  and  head 
men,  for  themselves  and  people,  r>resent  and  absent,  on  the  19th  ultimo.  ' 

2.  That  the  said  functionaries  shall  send  intelligent  Indian  runners,  to  be  fur- 
nished with  written  permission,  signed  by  the  commanding  general,  in  search  of, 
and  to  cause  to  be  brought  into  the  emigration,  all  Indian  families  and  individuals 
who  may  remain  out,  and  who  are  not  citizens  of  the  United  States,  or  who  have  not 
received  permission  to  remain  in  the  States  for  the  purpose  of  becoming  denizens  of 
the  same. 

3.  That  with  the  exception  of  such  Indians  as  are  or  who  may  have  obtained  per- 
mission to  remain  in  order  to  become  citizens  or  denizens  of^the  United  States  or  of 
the  States,  also  with  the  exception  of  such  Indian  families  and  individuals  as  may 
be  permitted  by  the  commanding  general  to  emigrate  themselves,"  the  said  Chero- 
kee functionaries  shall  cause  all  their  people  now  remaining  East,  and  who  may  at 
the  time  be  able  to  travel,  including  fugitive  Creeks  among  them,  to  be  put  in 
motion,  in  convenient  detachments,  either  by  land  or  water,  and  transported  with- 
out unnecessary  delays  on  the  routes,  to  the  Cherokee  country  west  of  the  Missis- 
sippi, beginning  the  movement  as  early  as  the  1st  of  September  next,  and  continuing 
to  send  off  parties  at  intervals  not  exceeding  three  days,  so  that  all  the  emigrants 

able  to  travel  within  that  time  shall  be  in  motion  for  the  West  by  the  day  of 

the  ensuing  month  (October). 

Such  Indians  as  within  that  time  may  not  be  able  to  travel  by  land  shall,  if  the 
rivers  be  not  up,  be  permitted  to  remain  until  the  next  rise  of  waters,  and  in  the 
meantime  have  as  attendants  a  small  number  of  their  families  or  friends. 

The  foregoing  conditions  being  agreed  to,  the  United  States,  through  me,  are 
willing  to  stipulate  to  pay  over  to  the  Cherokee  functionaries,  from  time  to  time, 
such  portions  of  the  moneys  appropriated  for  the  emigration  as  may  seem  reason- 
able to  prepare  for  and  carry  it  out. 
I  remain,  gentlemen,  etc., 

Winfield  Scott. 

Messrs.  John  Ross,  E.  Hicks,  J.  Brown,  E.  Guntek,  S.  Gunter,  Situakee, 
White  Path,  R.  Taylor,  etc. 

Note  for  the  Secretary  of  War  (added) : 
This  exception  is  intended  for  the  benefit  of  such  of  the  treaty-making  party  U 
may  not  choose  to  remove  under  the  directions  of  Mr.  Ross  and  liis  associates. 

Winfield  Scott. 


MEMORIAL  OF  EASTERN   OR  EMIGRANT   CHEROKEES.  35 


RESOLUTION  OF  THE  CHEROKEE  COUNCIL. 

Resolved  by  the  committee  and  council  and  people  in  general  council  assembled,  That 
Messrs.  John  Ross,  Richard  Taylor,  Samuel  Gunter,  Edward  Gunter,  James  Brown, 
Elijah  Hicks,  Sitiwagy,  and  White  Path  be,  and  they  are  hereby,  authorized  and 
fully  empowered,  on  the  part  of  the  Cherokee  Nation,  to  make  and  enter  into  any 
and  all  such  arrangements  with  Maj.  Gen.  Winfield  Scott,  on  the  part  of  the 
United  States,  which  they  may  deem  necessary  and  proper,  for  effecting  the  entire 
removal  of  the  Cherokee  people  from  the  east  to  the  west  of  the  Mississippi  River; 
and  also  to  enter  into  such  further  arrangements  with  the  commanding  general  in 
the  relation  to  the  payment  of  such  sums  of  money  by  the  United  States  as  may  be 
necessary  for  the  removal  and  subsistence  of  all  the  Cherokee  people.  And  they  are 
hereby  further  authorized  and  empowered  to  make  any  such  selections  of  persons  as 
they  may  deem  necessary  to  aid  and  assist  in  the  said  removal  of  the  Cherokees  to 
the  western  country. 

Richard  Taylor, 
President  of  the  National  Committee. 
James  Wofford. 
John  F.  Baldridge. 
(And  Others.) 

Aquohee  Camp,  July  26, 1S3S. 


No.  3. 

Cherokee  Agency,  East,  July  27,  183S. 
Sir:  Your. letter  addressed  to  the  undersigned  on  the  25th  instant  has  been  con- 
sidered by  the  council  and  people  assembled.  The  accompanying  resolution  confers 
the  authority  upon  the  late  delegation  to  Washington  City  to  close  with  you  the 
necessary  arrangements  for  the  entire  removal  and  subsistence  of  the  Cherokees. 
We  are  now  prepared  to  discharge  the  duties  devolving  upon  ns  in  relation  to  this 
matter. 

To  the  conditions  mentioned  in  your  letter,  upon  which  you  are  willing  to  place 
the  whole  business  of  managing  the  emigration  in  our  hands,  we  are  not  disposed 
to  object,  but  are  ready  and  willing  to  accede  to  them  with,  however,  this  further 
understanding,  that  we  may  be  allowed  the  two  entire  months  of  September  and 
October  to  get  all  our  people  in  motion  for  the  West,  and  that  we  shall  not  be  required 
positively  to  send  off  a  detachment  "at  intervals  not  exceeding  three  days."  In  the 
commencement;  the  weather  will  be  very  warm,  and  before  the  arrival  west  of  the 
last  parties  the  winter  will  have  commenced  its  rigor,  and  we  would  prefer  some 
discretion  as  to  the  time  and  arrangement  in  dispatching  detachments,  especially  as 
the  time  for  the  moving  of  the  last  will  be  hxed. 

We  have  the  honor  to  be,  sir,  most  respectfully,  your  obedient  servants, 

John  Ross. 

Edward  Gunter. 

(And  Others.) 


No.  4. 

Headquarters  Eastern  Division, 

Cherokee  Agency,  July  2S,  1S3S. 

Gentlemen:  Your  note  of  yesterday,  in  reply  to  mine  of  the  25th  instant,  is  before 
me,  as  also  the  paper  of  the  26th,  conferring  upon  you  full  powers  to  enter  into 
arrangements  with  me  for  carrying  on  and  completing  the  emigration  of  the  Cher- 
okee people  remaining  East  to  the  west  of  the  Mississippi. 

The  latter  document  is  sufficient ;  and  in  reply  to  your  note  I  will  so  far  yield  to 
your  wishes  as  to  say  that  the  emigration  must  recommence  on  or  before  the  1st  day 
of  the  ensuing  September  and  be  continued  at  short  intervals,  so  as  to  be  completed 
on  or  before  the  20th  of  the  following  month,  with  the  exception  of  such  sick  and 
superannuated  Cherokees  as  may  not  be  able  to  travel  by  land,  and  their  necessary 
attendants.  Should  the  rivers  between  this  and  your  new  country  west  be  not  navi- 
gable for  steamboats  in  the  meantime,  I  have  further  no  objection  to  give  to  the 
more  respectable  heads  of  families,  whose  names  may  be  presented  to  me  for  the  pur- 
pose, special  permissions  to  remain  and  to  remove  themselves  and  families  on  the 
first  sufficient  rise  of  those  rivers,  although  snch  rise  may  not  happen  until  after  the 
20th  of  October  next. 


36  MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


The  moneys  which  from  time  to  time  may  be  deemed  necessary  to  prepare  for  and 
carry  on  the  emigration  yon  will  please  make  estimates  for,  addressed  to  me,  speci- 
fying the  immediate  objects,  and  if  the  estimates  shall  appear  reasonable  they  shall 
be  promptly  complied  with. 

I  remain,  gentlemen,  yours,  with  respect, 

Winfibld  Scott. 
Messrs.  J.  Ross,  E.  Gunter,  E.  Hicks,  S.  Gunter,  and  Others, 

Agents  of  the  Cherokee  Nation. 


No.  5. 

Cherokee  Agency,  East,  July  31, 1838. 
Sir  :  You  have  herewith  the  estimate  of  the  expenses  of  each  detachment  of  (1,000) 
Cherokees  to  be  removed  by  land,  as  estimated  for  by  this  committee,  and  which  is 
respectfully  submitted  for  your  consideration  and  approval. 

It  is  desirable  that  immediate  arrangements  be  entered  upon  for  the  purchase  of 
wagons,  etc.,  and  the  organization  of  detachments,  as  well  as  the  timely  establish- 
ment of  depots  for  subsistence  on  the  whole  route.  Your  approval  of  the  estimate 
being  known,  and  the  basis  established  to  regulate  expenditures,  the  immediate 
amount  required  will  be  specified. 

With  much  respect,  we  have  the  honor  to  be,  your  obedient  servants, 

John  Ross. 
Edward  Gunter. 
(And  Others). 

Maj.  Gen.  Winfield  Scott,  U.  S.  A., 

Commanding. 

Estimate  for  the  emigration  of  a  party  of  1,000  Cherokees  to  their  country  west  of  the  Mis- 
sissippi; distance,  800  miles;  eighty  days  going. 

50  wagons  and  teams,  20  persons  to  each  wagon,  at  a  daily  expense  of  $350, 


including  forage   $28,  000 

Returning,  $7  each  day  for  every  20  miles  »   14,  000 

250  extra  horses,  at  40  cents  each  per  day   8,  000 

Ferriages,  etc   1,  000 

80,000  rations,  at  16  cents   12,  800 

Conductor,  at  $5  per  day   400 

Assistant,  at  $3  per  day   240 

Physician,  at  $5  per  day   400 

Returning,  $15  for  every  hundred  miles   120 

Commissaries,  at  $2.50  per  day   200 

Assistant,  at  $2  per  day   160 

Wagon  master,  at  $2.50  per  day   200 

Assistant,  at  $2  per  day   160 

Interpreter,  at  $2.50  per  day   200 

Total   65,  880 


resolution  of  the  Cherokee  council.- 

Whereas  the  title  of  the  Cherokee  people  to  their  lands  is  the  most  ancient,  pure 
and  absolute  known  toman.  Its  date  is  beyond  the  reach  of  human  record;  its 
validity  continued  and  illustrated  by  possession  and  enjoyment  antecedent  to  all 
pretense  of  claim  by  any  other  portion  of  the  human  race; 

And  whereas  the  free  consent  of  the  Cherokee  people  is  indispensable  to  a  valid 
transfer  of  the  Cherokee  title;  and  whereas  the  said  Cherokee  people  have,  neither 
by  themselves  nor  their  representatives,  given  such  consent,  it  follows  that  the 
original  title  and  ownership  of  said  lands  still  rest  in  the  Cherokee  Nation,  unim- 
paired and  absolute: 

L'esolved,  therefore,  by  the  committee  and  council  and  people  of  the  Cherokee  Nation  in 
general  council  assembled,  That  the  whole  Cherokee  territory,  as  described  in  the 
first  article  of  the  treaty  of  1819  between  the  United  States  and  the  Cherokee 
Nation,  and  also  in  the  constitution  of  the  Cherokee  Nation,  still  remains  the  right- 
ful and  undoubted  property  of  the  said  Cherokee  Nation;  and  that  all  damages  and 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES.  37 


losses,  direct  or  indirect,  resulting  from  the  enforcement  of  the  alleged  stipulations 
of  the  pretended  treaty  of  New  Echota,  are,  in  justice  and  equity,  chargeable  to 
the  account  of  the  United  States ; 

And  whereas  the  Cherokee  people  have  existed  as  a  distinct  national  community 
in  the  possession  and  exercise  of  the  appropriate  and  essential  attributes  of  sover- 
eignty for  a  period  extending  into  antiquity  beyond  the  dates  and  records  and 
memory  of  man ; 

And  whereas  these  attributes,  with  the  rights  and  franchises  which  they  involve, 
have  never  been  relinquished  by  the  Cherokee  people,  but  are  now  in  full  force  and 
virtue ; 

And  whereas  the  natural,  political,  and  moral  relations  subsisting  among  the  citi- 
zens of  the  Cherokee  nation  toward  each  other  and  toward  the  body  politic  can  not 
in  reason  and  justice  be  dissolved  by  the  expulsion  of  the  nation  from  its  own  terri- 
tory by  the  power  of  the  United  States  Government : 

Resolved,  therefore,  by  the  national  committee  and  council  and  people  of  the  Cherokee 
Nation  in  general  council  assembled,  That  the  inherent  sovereignty  of  the  Cherokee 
Nation,  together  with  the  constitution,  laws,  and  usages  of  the  same,  are,  and  by 
the  authority  aforesaid  are  hereby  declared  to  be,  in  full  force  and  virtue,  and  shall 
continue  so  to  be  in  perpetuity,  subject  to  such  modifications  as  the  general  welfare 
may  render  expedient. 

Resolved  further,  That  the  Cherokee  people,  in  consenting  to  an  investigation  of 
their  individual  claims,  and  receiving  payment  upon  them  and  for  their  improve- 
ments, do  not  intend  that  it  shall  be  so  construed  as  yielding  or  giving  their  sanction 
or  approval  to  the  pretended  treaty  of  1S35,  nor  as  compromising  in  any  manner 
their  just  claim  against  the  United  States  hereafter  for  a  full  and  satisfactory  indem- 
nification for  their  country  and  for  all  individual  losses  and  injuries. 

Be  it  further  resolved,  That  the  principal  chief  be,  and  he  is  hereby,  authorized  to 
select  and  appoint  such  persons  as  he  may  deem  necessary  and  suitable  for  the  pur- 
pose of  collecting  and  registering  all  individual  claims  against  the  United  States, 
with  the  proofs,  and  to  report  to  him  their  proceedings  as  they  progress. 

Richard  Taylor, 
President  of  the  National  Committee. 
Going  Snake, 
Speaker  of  the  Council. 

August  1, 1838. 


Whereas  the  general  council  of  the  Cherokee  Nation  did,  on  the  26th  day  of 
July,  by  a  special  resolution,  authorize  the  undersigned  to  enter  into,  in  behalf  of 
the  nation,  such  arrangements  with  Mai  or- General  Winfield  Scott  as  were  deemed 
necessary  and  proper  to  place  in  the  hands  of  the  Cherokees  the  entire  control  and 
management  of  their  emigration  west  of  the  Mississippi;  and  whereas  the  said 
arrangements  having  been  entered  into  and  the  whole  management  of  the  emigra- 
tion committed  to  the  undersigned,  and  it  being  extremely  desirable  that  there  may 
be  no  delay  in  the  preparatory  arrangements  for  removal,  and  in  order  to  expedite 
the  completion  of  the  same ;  therefore,  it  is  by  the  committee,  in  behalf  of  the 
nation,  determined  that  John  Ross  be,  and  he  is  hereby,  fully  authorized  and  em- 
powered to  make  such  requisitions  for  money  as  from  time  to  time  he  may  deem 
necessary  for  the  Cherokee  emigration,  upon  such  officers  of  the  United  States  Gov- 
ernment as  may  have  the  control  of  funds  for  this  service,  and  to  receipt  for  the  same 
for  the  Cherokee  Nation. 

Richard  Taylor. 
Samuel  Gunter. 
(And  Others.) 

Cherokee  Agency,  August  1,  1838. 


Headquarters  Eastern  Division, 

Cherokee  Agency,  August  1,  1S3S. 
Gentlemen  :  In  your  note  of  yesterday  you  estimate  that  $65,880  will  be  the 
necessary  cost  of  every  thousand  Cherokees  emigrated  bv  land  from  this  to  their  new 
country. 

As  I  have  already  stated  to  some  of  you  in  conversation,  I  think  the  estimate  an 
extravagant  one. 

Take  the  principal  item  or  basis  of  your  calculation — 1  wagon  and  5  saddle  horses 
for  every  20  souls. 

I  have  already  consented,  with  a  view  to  lighten  the  movement  by  land,  that  all 


38  MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


the  sick,  crippled,  and  superannuated  of  the  nation  should  be  left  at  the  depots 
until  the  river  be  again  navigable  for  steamboats.  All  heavy  articles  of  property 
not  wanted  on  the  road  may  wait  for  the  same  mode  of  conveyance. 

Deducting  the  persons  just  mentioned,  I  am  confident  that  it  will  be  found  that 
among  every  thousand  individuals,  taken  in  families,  without  selection,  there  are  at 
least  500  strong  men,  women,  boys,  and  girls,  not  only  capable  of  marching  12  or  15 
miles  a  day,  but  to  whom  the  exercise  would  be  beneficial,  and  another  hundred 
able  to  go  on  foot  half  that  distance  daily.  There  would  then  be  left,  according  to 
your  basis,  but  200  souls  to  be  steadily  transported  in  50  wagons,  or  only  4  to  a 
wagon. 

Now  the  wagons  being  large,  and  each  drawn  by  five  or  six  horses  (as  must  be 
presumed  from  your  high  estimate  of  $7  for  each  wagon  going  and  returning),  it 
strikes  me  that  one  such  team  and  five  horses  ought  to  accommodate,  on  the  route, 
30  or  35  emigrants,  including  subsistence  for  a  day  or  two,  from  depot  to  depot. 

I  repeat  that  I  do  not  absolutely  reject  or  cut  down  your  estimate  (which  I  think 
also  too  high)  in  putting  down  the  rations  at  16  cents  each.  The  whole  expense  of 
the  emigration  is  to  be  paid  out  of  appropriations  already  made  by  Congress,  the 
general  surplus  of  which  is  to  go  to  the  Cherokee  Nation  in  various  forms;  therefore 
they  have  a  direct  general  interest  in  conducting  the  movement  as  economically  as 
comfort  will  permit.  Nevertheless,  for  the  reasons  stated,  I  wish  the  several  items 
of  the  estimate  submitted  to  be  reconsidered. 
I  remain,  gentlemen,  yours,  respectfully, 

Wixfield  Scott. 

Messrs.  J.  Ross,  E.  Hicks,  J.  Brown,  and  Others, 

Agents,  etc. 


No.  7. 

Cherokee  Agency,  East,  August  2,  1838. 

Sir  :  We  have  had  your  reply  of  yesterday's  date  to  our  estimate  under  considera- 
tion. The  estimate  we  believe  reasonable,  having  the  comfortable  removal  of  our 
people  solely  in  view,  and  endeavoring  to  be  governed,  as  far  as  that  object  will 
allow,  by  the  rates  of  expenditure  fixed  by  officers  of  the  Government. 

After  the  necessary  bedding,  cooking  utensils,  and  other  indispensable  articles  of 
20  persons  (say  four  or  five  families)  are  placed  in  a  wagon,  with  subsistence  for 
at  least  two  days,  the  weight  already  will  be  enough  to  exclude,  in  our  opinion, 
more  than  a  few  persons  being  hauled.  The  great  distance  to  be  traveled,  liability 
to  sickness  on  the  way  of  grown  persons,  and  the  desire  of  performing  the  trip  in  as 
short  a  time  as  possible,  induce  us  still  to  think  our  estimate  of  that  item  not  extra  v 
agant. 

In  relation  to  the  ration  at  16  cents,  the  estimate  is  fixed  at  a  rate  which  the  Gov- 
ernment-agents had  already  made  some  arrangements  to  have  them  supplied. 

The  addition,  however,  of  sugar  and  coffee  has  been  made  under  this  estimate, 
which  we  trust  will  be  reasonable  enough. 

In  our  estimate  we  omitted  an  item  which  we  deem  indispensable;  but  propose 
now  the  addition  of  soap,  the  quantity  and  cost  of  delivery  at  the  rate  of  3  pounds  to 
every  100  rations,  at  15  cents  per  pound. 

Whatever  may  be  necebsary  in  the  emigration  of  our  people  to  their  comfort  on 
the  way  and  as  conducive  to  their  health  we  desire  to  be  afforded  them;  at  the 
same  time  it  is  our  anxious  wish  in  the  management  of  this  business  to  be  free  at  all 
time  from  the  imputation  of  extravagance. 

With  high  respect,  we  have  the  honor  to  be  your  obedient  servants, 

Jno.  Ross. 
R.  Taylor. 
(And  Others.) 

Maj.  Gen.  Winfield  Scott,  U.  S.  A., 

Commanding . 


No.  8. 

Headquarters  Eastern  Division, 

Cherokee  Agency,  August  2,  1838. 
i  .i.M  i.i.mkn:  By  your  note  of  this  date,  in  reply  to  my  remarks  of  yesterday  on 
your  est  ima  '  I ■  <>t  the  day  before,  I  perceive  that  after  a  full  consideration  you  adhere 
to  the  calculation  of  $65,880,  with  a  slight  addition  for  soap,  for  the  comfortable 


MEMORIAL   OF  EASTERN   OR  EMIGRANT  CHEROKEES. 


39 


emigration  by  land  of  every  thousand  Cherokees  from  this  to  their  new  country  west 
of  the  Mississippi. 

As  the  Cherokee  people  are  exclusively  interested  in  the  cost  as  well  as  the  com- 
fort of  the  removal,  I  do  not  feel  myself  at  liberty  to  withhold  my  sanction.  The 
estimate,  therefore,  submitted  to  me  on  the  31st  ultimo,  with  the  small  addition  for 
soap,  is  hereby  approved. 

I  remain,  gentlemen,  yours,  respectfully, 

V\  infield  Scott. 

Messrs.  J.  Ross,  R.  Taylor,  E.  Hicks,  E.  Gunter,  J.  Brown,  White  Path,  and 
Situ wakee,  Cherokee  Agents  for  Emigration. 


Takattokaii,  June  13,  1S39. 
Whereas  the  people  of  the  Cherokee  Nation,  east,  having  been  captured  and 
ejected  from  the  land  of  their  fathers  by  the  strong  arm  of  the  military  power  of 
the  United  States  Government  and  forced  to  remove  west  of  the  River  Mississippi; 
and 

Whereas  previous  to  the  commencement  of  the  emigration  measures  were  adopted 
in  general  council  of  the  whole  nation,  on  the  21st  of  July  and  August  1,  1883, 
wherein  the  sentiments,  rights,  and  interests  of  the  Cherokee  people  are  fully 
expressed  and  asserted;  and 

Whereas  under  those  proceedings  the  removal  took  place,  and  the  late  emigrants 
arrived  in  this  country  and  settled  among  those  of  their  brethren  (who  had  previously 
emigrated),  on  lauds  which  had  been  exchanged  for  with  the  United  States  by  the 
Cherokee  Nation  for  lands  east  of  the  River  Mississippi;  and 

Whereas  the  reunion  of  the  people  and  the  adoption  of  a  code  of  laws  for  their 
future  government  are  essential  to  the  peace  and  welfare  of  the  whole  nation,  and 
it  being  agreed  upou  that  the  Eastern  and  Western  Cherokees  henceforward  be 
united  as  a  body  politic,  aud  shall  establish  a  government  west  of  the  River  Missis- 
sippi, to  be  designated  the  Cherokee  Nation:  Therefore, 

Resolved  by  the  committee  and  council  of  the  Eastern  and  Western  Cherokees  in  general 
council  assembled,  etc. 

(Here  follows  plan  for  revising  laws,  etc.) 


<  [House  Doc.  No.  286,  Twenty-fourth  Congress,  first  session.] 

MEMORIAL  OF  THE  CHEROKEE  REPRESENTATIVES,  SUBMITTING  THE 
PROTEST  OF  THE  CHEROKEE  NATION  AGAINST  THE  RATIFICATION, 
EXECUTION,  AND  ENFORCEMENT  OF  THE  TREATY  NEGOTIATED  AT 
NEW  EC  HOT  A  IN  DECEMBER,  1835. 

[June  21, 1836.] 

To  the  honorable  the  Senate  and  House  of  Representatives  of  the  United  States  of  North 
America  in  Congress  assembled: 

The  undersigned  representatives  of  the  Cherokee  Nation  east  of  the  River  Missis- 
sippi, impelled  by  duty,  would  respectfully  submit  for  the  consideration  of  your 
honorable  body  the  following  statement  of  facts: 

It  will  be  seen  from  the  numerous  subsisting  treaties  between  the  Cherokee  Nation 
and  the  United  States  that  from  the  earliest  existence  of  this  Government  the  United 
States  in  Congress  assembled  received  the  Cherokee  and  their  nation  into  favor  and 
protection,  and  that  the  chiefs  and  warriors,  for  themselves  and  all  parts  of  the 
Cherokee  Nation,  acknowledged  themselves  and  the  said  Cherokee  Nation  to  be  under 
the  protection  of  the  United  States  of  America,  and  of  no  other  sovereign  whatsoever; 
they  also  stipulated  that  the  said  Cherokee  Nation  will  not  hold  any  treaty  with  any 
foreign  power,  individual  State,  or  with  individuals  of  any  State;  that  for  and  iu 
consideration  of  valuable  concessions  made  by  the  Cherokee  Nation,  the  United  States 
solemnly  guaranteed  to  said  nation  all  their  lands  not  ceded,  and  pledged  the  faith  of 
the  Government  that  "  all  white  people  who  have  intruded,  or  may  hereafter  intrude, 
on  the  lands  reserved  for  the  Cherpkees  shall  be  removed  by  the  United  States  and 
proceeded  against  according  to  the  provisions  of  the  act  passed  March  30,  1802," 
entitled  "An  act  to  regulate  trade  and  intercourse  with  the  Indian  tribes  and  to 
preserve  peace  on  the  frontiers." 

It  would  be  useless  to  recapitulate  the  numerous  provisions  for  the  security  and  pro- 
tection of  the  rights  of  the  Cherokees  to  be  found  in  the  various  treaties  between 


40  MEMORIAL   OF   EASTERN  OR  EMIGRANT  CHEROKEES. 


their  nation  and  the  United  States.  The  Cherokees  were  happy  and  prosperous  under 
a  scrupulous  observance  of  treaty  stipulations  by  the  Government  of  the  United 
States,  and  from  the  fostering'  hand  extended  over  them  they  made  rapid  advances  in 
civilization,  morals,  and  in  the  arts  and  sciences.  Little  did  they  anticipate  that 
when  taught  to  think  and  feel  as  the  American  citizen,  and  to  have  with  him  a  com- 
mon interest,  they  were  to  be  despoiled  by  their  guardian,  to  become  strangers  and 
wanderers  in  the  land  of  their  fathers,  forced  to  return  to  the  savage  life,  and  to 
seek  a  new  home  in  the  wilds  of  the  far  West,  and  that  without  their  consent. 

An  instrument  purporting  to  be  a  treaty  with  the  Cherokee  people  has  recently 
been  made  public  by  the  President  of  the  United  States  that  will  have  such  an  oper- 
ation if  carried  into  effect.  This  instrument,  the  delegation  aver  before  the  civilized 
world,  and  in  the  presence  of  Almighty  God,  is  fraudulent,  false  upon  its  face,  made 
by  unauthorized  individuals,  without  the  sanction  and  against  the  wishes  of  the 
great  body  of  the  Cherokee  people.  Upward  of  15,000  of  those  people  have  pro- 
tested against  it,  solemnly  declaring  they  will  never  acquiesce.  The  delegation 
would  respectfully  call  the  attention  of  your  honorable  body  to  their  memorial  and 
protest,  with  the  accompanying  documents,  submitted  to  the  Senate  of  the  United 
States,  on  the  subject  of  the  alleged  treaty,  which  are  herewith  transmitted,  etc. 

The  Cherokee  territory  within  the  limits  of  North  Carolina,  Georgia,  Tennessee, 
and  Alabama,  is  estimated  to  contain  10,000,000  acres.  It  embraces  a  large  por- 
tion of  the  finest  lands  to  be  found  in  any  of  the  States,  and  a  salubrity  of  climate 
unsurpassed  by  any,  possessing  superior  advantages  in  reference  to  water  power, 
owing  to  the  numerous  rills,  brooks,  and  rivers  which  flow  from  and  through  it. 
Some  of  these  streams  afford  good  navigation;  others  are  susceptible  of  being  easily 
improved  and  made  navigable.  On  the  routes  where  roads  have  been  opened  by  the 
Cherokees  through  this  country  there  must  necessarily  pass  some  of  the  most  impor- 
tant public  roads  and  other  internal  improvements,  which  at  no  distant  day  will  be 
constructed. 

The  entire  country  is  covered  with  a  dense  forest  of  valuable  timber,  also  abound- 
ing in  inexhaustible  quarries  of  marble  and  limestone.  Above  all,  it  possesses  the 
most  extensive  regions  of  the  precious  metals  known  in  the  United  States.  The 
riches  of  the  gold  mines  are  inealculable,  some  of  the  lots  of  40  acres  of  land,  embrac- 
ing gold  mines,  which  have  been  surveyed  and  disposed  of  by  lottery,  under  the 
authoritv  of  Georgia  (with  the  incumbrance  of  the  Indian  title),  have  been  sold  for 
upward  of  $30,000. 

There  are  also  extensive  banks  of  iron  ore  interspersed  throughout  the  country. 
Mineralogists  who  have  traveled  over  a  porti-  n  of  this  territory  are  fully  persuaded, 
from  what  they  have  seen,  that  lead  and  silver  mines  will  also  be  found  in  the  moun- 
tain regions.  Independent  of  all  these  natural  advantages  and  invaluable  resources, 
there  are  many  extensive  and  valuable  improvements  made  upon  the  lands  by  the 
native  Cherokee  inhabitants  and  those  adopted  as  Cherokee  citizens  by  intermar- 
riages. 

The  Cherokee  population  has  recently  been  reported  by  the  War  Department  to  be 
18,000,  according  to  a  census  taken  by  agents  appointed  by  the  Government.  This 
people  have  become  civilized  and  adopted  the  Christian  religion.  Their  pursuits  are 
pastoral  and  agricultural,  and  in  some  degree,  mechanical.  Their  stocks  of  cattle, 
however,  have  become  greatly  reduced  in  numbers  within  the  few  past  years,  owing 
to  the  unfortunate  policy  which  has  thrown  upon  this  territory  a  class  of  white  and 
irresponsible  settlers,  who,  disregarding  all  laws  and  treaties,  so  far  as  the  rights  of 
the  Cherokees  are  concerned,  and  who  have  been  actuated  more  from  sordid  impulses 
of  avarice  than  by  any  principle  of  moral  obligation  or  of  justice,  have  by  fraud  aud 
force  made  Cherokee  property  their  own. 

The  possessions  of  the  Cherokee  inhabitants  consist  of  houses  which  cost  gen- 
erally from  $50,  $100,  to  $1,000,  and  in  many  instances  up  to  $5,000:  some  few  as  high 
as  $6,000,  $8,000,  and  $10,000,  with  corresponding  outbuildings,  consisting  of  kitchens, 
meat  houses,  dairies,  granaries  or  corncribs,  barns,  stables,  etc..  grist  and  saw  mills. 
Connected  with  these  are  gardens  for  culinary  vegetables:  also  peach  and  apple 
orchards;  lots  of  inclosed  ground  for  horses,  black  cattle,  etc.  The  farms  of  the 
Cherokees  contain  from  10.  20,  30,  10,  50,  60.  to  100,  150,  and  200  acres  of  land  under 
cultivation,  and  inclosed  with  good  rail  fences.  Among  the  most  wealthy  there  are 
farms  of  300  and  100  acres,  and  in  one  instance  perhaps  about  800  acres  in  cultiva- 
tion. 

Some  of  the  most  extensive  and  valuable  farms  and  possessions  have  been  forcibly 
wrested  from  the  proprietors  by  the  ( Jeorgia  guard  and  agents,  and  citizens  ol"  Georgia 
put  in  possession  of  them,  whilst  the  Cherokee  owners  have  been  thrust  out  to  seek 
shelter  in  a  camp,  or  under  the  roof  of  a  log  hut  in  the  woods,  within  tin;  limits  of 
North  Carolina,  Tennessee,  and  Alabama.  There  are  many  valuable  public  ferries 
also  owned  in  the  Cherokees;  the  income  of  some  of  them  amount  to  from  $500  to 
$1,000,  $1,500,  and  $2,000  per  annum.  Several  public  roads  opened  at  private 
expense  w<  re  also  kept  up  by  companies  under  regulations  of  the  national  council, 
and  tollgates  were  erected  on  them.    These  regulations  have  all  been  prostrated  by 


MEMORIAL   OF   EASTERN   OR   EMIGRANT  CHEROKEES. 


State  legislation,  and  the  Cherokee  proprietors  thus  deprived  of  their  rights,  privi- 
leges, and  property.  Besides  all  this,  there  are  various  important  interests  and 
claims  which  are  secured  by  the  provisions  of  the  former  subsisting  treaties  to  the 
the  Cherokees,  and  for  which  the  United  States  in  justice  are  bound  to  allow 
indemnification.  ■ 

For  the  surrender,  then,  of  a  territory  containing  about  10,000,000  acres, 
together  with  the  various  interests  and  claims  spoken  of.  and  the  amount  that  will 
be  required  to  cover  these  claims.no  man  without  data  can  form  any  estimate. 
The  sum  of  $5,600,000  only  is  proposed  to  be  paid';  the  price  given  for  the  lands  at 
this  rate  would  not  exceed  30  cents  per  acre.  Will  Georgia  accept  the  whole  amount 
for  that  portion  within  her  limits ! 

The  faith  of  the  United  States  being  solemnly  pledged  to  the  Cherokee  Nation  for 
the  guarantee  of  the  quiet  and  uninterrupted  protection  of  their  territorial  posses- 
sions forever,  and  it  beiug  an  unquestionable  fact  that  the  Cherokees  love  their 
country  and  that  no  amount  of  money  could  induce  theui  voluntarily  to  yield  their 
assent  to  a  cession  of  the  same,  but,  when  under  all  the  circumstances  of  their  peculiar 
situation  and  unhappy  condition,  the  nation  sees  the  necessity  of  negotiating  a  treaty 
for  their  security  and  future  welfare,  and  having  appointed  a  delegation  with  full 
powers  for  that  purpose,  is  it  liberal,  humane,  or  just  that  a  fraudulent  treaty,  contain- 
ing principles  and  stipulations  altogether  objectionable  and  obnoxious  to  their  own 
sense  of  propriety  aud  justice,  should  be  enforced  upon  them  ?  The  basis  of  the  instru- 
ment, the  sum  fixed  upon,  the  commutation  of  annuities,  and  the  general  provisions 
of  the  various  articles  it  contains  are  all  objectionable.  Justice  and  equity  demands 
that,  in  any  final  treaty  for  the  adjustment  of  the  Cherokee  difficulties  their  rights, 
interests,  and  wishes  should  be  consulted,  and  that  the  individual  rights  of  the 
Cherokee  citizens  in  their  possessions  and  claims  should  be  amply  secured,  and  as 
freemen  they  should  be  left  at  liberty  to  stay  or  remove  where  they  ]dease. 

Also  that  the  territory  to  be  ceded  by  The  United  states  to  the  Cherokee  Nation 
west  of  the  Mississippi  should  be  granted  to  them  by  a  patent  in  fee  simple,  and  not 
clogged  with  the  conditions  of  the  act  of  1S30,  and  the  national  funds  of  the  Chero- 
kees should  be  placed  under  the  control  of  their  national  council. 

The  delegation  must  repeat,  the  instrument  entered  into  at  New  Echota,  purport- 
ing to  be  a  treaty,  is  deceptive  to  the  world  and  a  fraud  upon  the  Cherokee  people. 
If  a  doubt  exist-  as  to  the  truth  of  their  statement  a  committee  of  investigation  can 
learn  the  facts,  and  it  may  also  learn  that  if  the  Cherokees  are  removed  under  that 
instrument  it  will  be  by  force.  This  declaration  they  make  in  sincerity,  with  hearts 
sickening  at  the  scenes  they  may  be  (loomed  to  witness.  They  have  toiled  to  avert 
such  a  calamity:  it  is  now  with  Congress,  and  beyond  their  control.  They  hope 
they  are  mistaken,  but  it  is  hope  against  a  sad  and  almost  certain  reality. 

It  would  be  on  candid  to  conceal  their  opinions,  and  they  have  no  motive  for 
expressing  them  but  a  solemn  sense  of  duty.  The  Cherokees  can  not  resist  the  power 
of  the  United  States,  and  should  they  be  driven  from  their  native  land  then  will  they 
look  iu  melancholy  sadness  upon  the  golden  chains  presented  by  President  Wash- 
ington to  the  Cherokee  people  as  emblematical  of  the  brightness  and  purity  of  the 
friendship  between  the  Lnited  States  and  the  Cherokee  Nation. 

Jno.  Ross, 
John  Martin, 
James  Bkowx, 
Joskph  Yaxn, 
John  Benge, 
(And  Others,) 
Representatives  of  the  Cherokee  Nation. 

Washington  City,  June  21,  1S36. 


[House  Doc.  No.  99.  Twenty-fifth  Congress,  second  session.] 

MEMORIAL  OF  A  DELEGATION  OF  THE  CHEROKEE  NATION  REMON- 
STRATING AGAINST  THE  INSTRUMENT  OF  WRITING  (TREATY)  OF 
DECEMBER,  1835. 

[December  15. 1837.] 

To  the  honorable  the  Senate  and  House  of  Representatives  of  the  United  States  in  Congress 
assembled : 

The  memorial  and  petition  of  the  undersigned,  a  delegation  appointed  by  the 
Cherokee  Nation  on  behalf  of  themselves  and  their  constituents,  respectfully 
showeth : 

That  at  this  session  of  your  honorable  bodies,  held  during  the  preceding  winter 
a  memorial  was  prepared  to  lay  before  your  honorable  bodies  on  behalf  of  the  Chero- 


42  MEMORIAL   OF   EASTERN   OR   EMIGRANT  CHEROKEES. 


kee  Nation  setting  forth  their  grievances.  This  paper  was  laid  hefore  the  Senate,, 
but  no  opportunity  presented  itself  to  submit  it  to  the  House  of  Representatives. 
To  this  document  the  undersigned  pray  leave  to  refer  as  part  of  this  their  present 
petition  and  to  request  that  it  may  receive  your  attention  and  regard. 

Subsequent  to  the  termination  of  that  session  of  Congress  and  after  the  installa- 
tion of  the  present  Chief  Magistrate  in  the  Executive  Chair,  we  addressed  to  him  a 
memorial,  a  Copy  of  which  is  appended,  and  to  the  contents  of  which  we  implore 
your  earnest  attention.  The  documents  referred  to  in  those  papers  are  on  the  files 
of  your  honorable  bodies  or  in  the  War  Department. 

Since  that  period  the  Cherokee  people  have  again,  in  full  national  council, 
appointed  the  undersigned  as  their  representatives  to  lay  before  the  Government  of 
the  United  States  a  statement  of  their  condition,  and  clothed  them  with  full  author- 
ity to  enter  into  such  arrangements  as  may  be  concurred  in  by  the  United  States. 
These  proceedings  are  herewith  submitted. 

A  special  agent  of  the  United  States  was  at  that  time  in  our  country.  A  copy  of 
the  resolutions  of  the  general  council  was  transmitted  to  him,  and  an  opportunity 
was  offered  that  gentleman  of  seeing  for  himself  what  was  the  position,  and  ascer- 
taining for  himself  what  were  the  opinions  and  sentiments  of  our  people. 

That  gentleman  won  tor  himself  our  respect  and  high  regard.  Doubtless  he  has 
communicated  to  the  Executive  the  result  of  his  observations;  and  such  is  the  con- 
fidence we  repose  in  him  that  we  feel  assured  his  representations  accord  with  the 
facts. 

Although  we  had  not  consummated  with  him  any  arrangement,  yet  his  conciliatory 
tone,  and  the  sympathy  he  expressed  toward  us,  reanimated  our  hopes;  and  when, 
upon  our  arrival  at  this  place,  and  having  had  an  interview  with  the  President,  we 
learned  that  he  was  to  be  the  organ  of  communication  between  us  and  the  War 
Department,  we  could  not  but  indulge  the  expectation  that  we  might  yet  conclude 
such  an  arrangement  as  would  be  mutually  and  equally  satisfactory. 

This  cup  of  hope  has  been  dashed  from  our  lips.  The  negotiations  with  him 
have  been  terminated;  and  the  Secretary  has.  while  refusing  to  treat  with  us  upon 
any  basis  that  we  could  suggest,  and  declining  to  intimate  to  us  what  the  Executive 
would  be  disposed  to  grant,  intimated  to  us  the  fixed  and  unalterable  determination 
to  enforce  upon  us  the  stipulations  of  the  fraudulent  and  invalid  instrument  pur- 
porting to  be  a  treaty  negotiated  at  New  Echota  in  1835. 

Such  being  the  decision  of  the  Executive,  we  have  no  alternative  but  an  appeal  to 
your  honorable  bodies.  No  denial  has  been  given  to  our  statement  of  the  facts  con- 
nected with  that  document;  it  is  not  asserted  that  it  was  fairly  and  honestly  made; 
it  is  not  alleged  that  it  was  negotiated  with  persons  authorized  to  represent  and  to 
bind  our  nation ;  it  is  not  intimated  that  it  ever  was  authorized  or  recognized  by 
our  people.  Indeed,  there  could  be  no  shadow  of  ground  upon  which  to  question  or 
to  controvert  our  assertions  upon  these  points. 

Yet  we  are  told  that  the  Executive  has  no  discretion — has  no  power  to  disregard 
it  or  to  enter  into  any  arrangement  inconsistent  wilh  its  provisions.  And  this  is 
substantially  all  the  answer  we  can  obtain. 

On  a  former  occasion  when,  under  similar  circumstances,  it  was  represented  to  the 
Government  of  the  United  States  that  an  instrument,  purporting  to  be  a  treaty,  had 
been  executed  by  parties  unauthorized  by  those  whom  they  professed  to  represent, 
an  inquiry  was  instituted,  the  truth  of  the  allegations  ascertained,  and  the  Execu- 
tive promptly  redressed  the  wrong.  A  new  treaty  was  concluded,  the  first  provi- 
sion of  which  was  to  annul  that  which  had  been  imposed  by  fraud  upon  the  President 
and  Senate.  It  was  from  looking  to  that  case  that  we  have  erred,  if  we  were  wrong- 
in  supposing  that  it  was  the  Executive  to  whom  we  were  to  address  ourselves. 

Put  we  can  not  and  will  not  yet  believe  that  we  are  remediless;  that  because 
from  imperfect  knowledge  of  the  circumstances  of  the  case  those  who  signed  the 
instrument  of  which  we  complain  were  supposed  to  be  authorized,  and  therefore 
the  validity  of  their  acts  was  presumed;  that  when  the  contrary  is  alleged  all  in- 
quiry will  be  refused,  and  when  proved  the  United  states  will  persevere  in  demand- 
ing at  our  hands  the  fulfillment  of  the  stipulations  of  a  void  and  fraudulent  contract. 

We  can  not  for  a  moment  suspect  that  either  the  disposition  or  the  power  is  wanting 
to  annul  this  instrument  if  it  be  ascertained  to  be  open  to  the  objections  we  have 
urged  against  it.  Knowing  as  we  do  that  these,  objections  are  true  to  their  very 
letter,  we  have  never  relinquished  the  hope  that  we  should  ultimately  receive 
justice. 

A  charge  has  been  made  against  some  of  our  number  that  we  have  misled  our  peo- 
ple by  inducing  them  to  entertain  false  hopes.  In  the  most  solemn  manner,  and 
with  a  due  sense  of  the  responsibility  we  incur,  we  assert  that  the  only  hopes  we 
eve*  encouraged  were  that  the  ('nited  States  would  never  perpetrate  injustice  and 
wrong  against  those  over  whom  they  had  voluntarily  assumed  the  relationship  of 
guardian  and  protector;  that  they  would  listen  to  our  remonstrances,  hear  our  peti- 
tion, investigate  the  facts,  and  decide  in  conformity  with  the  immutable  principles 
of  equity,  justice,  and  good  faith.    If  these  be  false  hopes  we  shall  admit  not  only 


MEMORIAL   OF  EASTERN   OR  EMIGRANT   CHEROKEES.  -±3 


that  we  have  been  egregiously  deceived  ourselves,  but  have  been  instrumental  in 
deceiving  others. 

Independently  of  our  objections  to  the  instrument  in  question,  we  have  other 
causes  of  complaint  to  lay  before  your  honorable  bodies.  We  complain  of  the  out- 
rages which  have  been  indicted  upon  our  persons  and  property — lawless  arrests,  open 
acts  of  violence  perpetrated  upon  both. 

We  complain  of  sending  among  us  a  large  armed  force,  of  the  attempts  made  to 
prevent  the  expression  of  opinion  among  us,  of  the  arrest  and  imprisonment  of  our 
persons,  of  the  expulsion  of  our  people  from  their  homes;  for  which  even  the  docu- 
ment in  question  furnishes  no  ground  or  cause.  All  these,  however,  sink  into 
insignificance  when  compared  with  the  one  overwhelming  calamity,  present  and  pro- 
spective, of  having  the  instrument  of  December,  1835,  enforced  upon  us  and  our 
people. 

To  these  prayers  we  again,  in  the  name  of  our  nation,  solicit  your  attention.  Our 
last  and  only  hope  depends  upon  your  honorable  bodies.  Under  our  present  impres- 
sions we  feel  it  due  to  ourselves  frankly  to  state  that  the  Cherokee  people  do  not 
and  will  not  recognize  the  obligation  of  the  instrument  of  December,  1835. 

We  reject  all  its  terms,  we  will  receive  none  of  its  benefits.  If  it  is  to  be  enforced 
upon  us  it  will  be  by  your  superior  strength.  We  shall  offer  no  resistance,  but  our 
voluntary  assent  never  will  be  yielded.  We  are  aware  of  the  consequences ;  but 
while  suffering  them  in  all  their  bitterness,  we  shall  submit  our  case  to  an  all-wise 
and  just  God,  in  whose  providence  it  is  to  maintain  the  cause  of  suffering  innocence 
and  unprotected  feebleness. 

John  Ross. 
R.  Taylor. 
Edward  Gunter. 
James  Brown. 
Elijah  Hicks. 

Samuel  Gunter  (his  x  mark). 
Sitewakee  ( his  x  mark). 
White  Path  (his  x  mark). 

Washington  City,  December  15,  1S37. 


[House  Doc.  Xo.  316,  Twenty -fifth  Congress,  second  session.] 

MEMORIAL  OF  THE  CHEROKEE  DELEGATION.  SUBMITTING  THE  MEMO- 
RIAL AND  PROTEST  OF  THE  CHEROKEE  PEOPLE  TO  CONGRESS. 

[March  12, 1838.] 

To  the  honorable  the  Senate  and  House  of  Representatives  of  the  United  States  in  Congress 
assembled: 

The  undersigned  delegation  from  the  Cherokee  Nation  most  respectfully  beg  leave 
to  submit  the  accompanying  memorial,  bearing  15.665  signatures  of  the  Cherokee 
people,  together  with  some  papers  annexed,  which  have  just  been  dispatched  to  the 
delegation  by  express  from  their  constituents.  To  these  documents  the  attention  of 
your  honorable  bodies  is  respectfully  requested;  and,  as  in  duty  bound,  your  memo- 
rialists will  ever  pray. 

Jno.  Ross. 
R.  Taylor. 
*  Edward  Gunter. 

Elijah  Hicks. 
James  Brown. 
Samuel  Gunter  (his  x  mark). 
Sitewakee  (his  x  mark). 
White  Path  (his  x  mark). 

Washington  City,  March  12,  1S38. 


[February  22. 1838.] 

To  the  honorable  the  Senate  and  House  of  Representatives  of  the  United  States  hi  Congress 
assembled: 

Most  humbly  and  most  respectfully  showeth: 

That  whereas  we,  the  undersigned,  citizens  of  the  Cherokee  Nation,  have  always 
regarded  the  instrument  purporting  to  be  a  treaty  made  in  December,  1835.  at  New 
Echota,  by  the  Rev.  John  F.  Schermerhorn  and  certain  unauthorized  individual 


44 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


Cherokees,  to  be  a  violation  of  the  fundamental  principles  of  justice  and  an  outrage 
on  the  primary  rules  of  national  intercourse,  as  well  as  of  the  known  laws  and  usages 
of  the  Cherokee  Nation,  and  therefore  to  he  destitute  of  any  binding  force  on  us ; 

And  whereas  at  a  general  council  of  the  nation  held  at  Red  Clay  in  September, 
1636,  our  sentiments  were  set  forth,  and  our  solemn  protest  entered  against  it; 

And  whereas  at  a  subsequent  general  council  of  the  nation  held  at  Red  Clay  in 
August,  1837,  a  communication  from  the  President  of  the  United  States  on  the  sub- 
ject of  said  instrument  was  delivered  in  full  council  by  Col.  John  Mason,  special 
agent  of  the  United  States ; 

And  whereas  after  mature  deliberation  on  the  said  communication  the  resolu- 
tions of  the  preceding  council  in  reference  to  that  compact  were  reaffirmed,  together 
with  the  memorial  which  accompanied  the  same; 

And  whereas  we  entertained  the  belief  that  through  the  medium  of  the  special 
agent's  report  the  President  would  become  correctly  informed  of  the  true  state  of 
the  matter  and  of  the  real  sentiments  of  the  Cherokee  people; 

We  therefore  cherished  the  confident  hope  that  he  would  abrogate  that  fraudulent 
instrument  and  at  once  enter  into  arrangements  with  us  for  the  adjustment  of  all 
difficulties. 

With  these  views,  we  then  appointed  a  delegation  to  represent  us  before  the  Gov- 
ernment of  the  United  States,  and  vested  them  with  full  powers  to  make  final 
arrangements  of  all  matters  in  controversy;  and  we  were  animated  with  the  prospect 
of  a  speedy  termination  of  our  distresses.  But  the  cup  of  hope  is  dashed  from  our 
lips;  our  prospects  are  dark  with  horror,  and  our  hearts  are  filled  with  bitterness. 
Agonized  with  these  emotions,  language  fails,  our  tongues  falter  as  we  approach  the 
bar  of  your  august  assemblies,  before  whom  we  again  beg  leave  humbly  to  present 
our  grievances. 

With  the  full  details  of  our  troubles  we  forbear  to  trespass  on  your  indulgence. 
They  are  extensively  known,  and  our  delegation  now  at  Washington  will  be  found 
ready  to  furnish  any  information  which  may  be  needed.  We  therefore  respectfully 
present  the  following,  which  will  show  the  appalling  circumstances  in  which  we 
are  placed  by  the  operation  of  that  perfidious  compact. 

A  communication  has  recently  issued  from  the  United  States  agency,  addressed  to 
the  chief,  headsmen,  and  people  of  the  Cherokee  Nation,  in  which  we  are  told  that 
"The  Executive  has  formally  declined  all  intercourse  or  correspondence  with  Mr. 
Ross  in  relation  to  the  treaty,"  and  "that  an  end  has  been  put  to  all  negotiation 
upon  the  subject.  *  *  *  That  it  is  the  unalterable  determination  of  the  Presi- 
dent to  execute  the  treaty.  *  *  *  The  time  can  not  possibly  be  prolonged.  *  *  * 
Another  day  beyond  the  time  named  can  not  and  will  not  be  allowed  you." 

The  writers  say,  "We  will  not  attempt  to  describe  the  evils  that  may  fall  upon 
you  if  you  are  still  obstinate  and  refuse  to  conform  to  the  requirements  of  the 
treaty;  *  *  *  we  will  not  paint  the  horrors  that  may  ensue  in  such  an  event." 
It  will  be  readily  conceived  that  declarations  like  these,  emanating  from  such  a 
source,  our  country  already  filled  with  troops,  can  not  fail  to  fill  our  minds  with 
consternation  aad  surprise.  What  have  we  done  to  merit  such  severe* treatment? 
What  is  our  crime?  Have  we  invaded  anyone's  rights?  Have  we  violated  any 
article  of  our  numerous  treaties?  Have  we,  in  any  manner,  acted  in  bad  faith  ?  We 
arc  not  even  charged  with  any  such  thing.  But  we  are  accused  of  "  laboring  under 
a  dangerous  error,"  and  of  being  "duped  and  deluded  by  those  in  whom  we  have 
placed  implicit  confidence."  Your  pretended  friends,  say  they,  "have  proved  them- 
selves your  worst  enemies." 

But  what  is  our  " dangerous  error?"  Is  it  a  "dangerous  error  "  to  believe  that 
the  great  nation,  whose  representatives  we  now  approach,  will  never  knowingly 
sanction  a  transaction  originated  in  treachery,  and  to  be  executed  only  by  violence 
and  oppression  ?  It  can  not  be.  Is  it  a  delusion  to  assert  that  the  makers  of  that 
ill-omened  compact  were  deal itute  of  authority  ?  This  fact  we  are  prepared  to  prove 
by  incontestable  evidence.  Indeed,  it  is  virtually  admitted  by  the  parties  them- 
selves. And  the  very  fact  that  an  armed  force  should  be  put  in  requisition  to  defend 
their  persons  and  to  compel  our  submission  argues,  not  obscurely,  a  defect  of  confi- 
dence in  the  validity  of  the  compact. 

Is  it  obstinacy  to  refuse  our  assent  to  an  act  which  is  a  flagrant  violation  of  the 
first  principles  of  free  government,  and  which  sets  foot  on  the  neck  of  our  liberties 
and  our  dearest  rights?  Are  we  to  be  thus  frowned  into  silence  for  attempting  to 
utter  our  complaints  in  the  ear  of  our  lawful  and  covenanted  protector?  Is  it  a 
crime  to  confide  in  our  chiefs,  the  men  of  our  choice,  whom  we  have  tried  and  found 
faithful?  We  would  humbly  ask  in  whom  should  we  confide?  Surely  not  in  those 
who  have,  in  the  face  of  our  solemn  in  junctions,  and  in  opposition  to  the  reiterated 
expression  of  our  sentiments,  conspired  the  ruin  of  our  country,  usurped  the  powers 
of  the  nation,  framed  the  spurious  compact,  and  by  artifice  and  fraud  palmed  it  on 
the  authorities  of  the  United  States  and  procured  for  it  the  recognition  of  those  high 
functionaries. 


MEMORIAL   OF  EASTERN   OR  EMIGRANT  CHEROKEES.  45 


And  now,  in  the  presence  of  your  august  assemblies,  and  in  the  presence  of  the 
Supreme  Judge  of  the  Universe,  most  solemnly  and  most  humbly  do  we  ask,  Are  we, 
for  these  causes,  to  be  subjected  to  the  indiscribable  evils  which  are  designed  to  be 
inflicted  on  us  ?  Is  our  country  to  be  made  the  scene  of  the  horrors  which  the  com- 
missioners will  not  paint  ! 

For  adhering  to  the  principles  on  which  your  great  empire  is  founded,  and  which 
have  advanced  it  to  its  present  elevation  and  glory,  are  we  to  be  despoiled  of  all  we 
hold  dear  on  earth  ?  Are  we  to  be  hunted  through  the  mountains  like  wild  beasts, 
and  our  women,  our  children,  our  aged,  our  sick  to  be  dragged  from  their  homes  like 
culprits  and  packed  on  board  loathsome  boats  for  transportation  to  a  sickly  clime? 

Already  are  we  thronged  with  armed  men.  Forts,  camps,  and  military  posts  of 
every  grade  already  occupy  our  whole  country.  With  us  it  is  a,  season  of  alarm 
and  apprehension.  We  acknowledge  the  power  of  the  United  States;  we  acknowl- 
edge our  own  feebleness.  Our  only  fortress  is  the  justice  of  our  cause.  Our  only 
appeal  on  earth  is  to  your  tribunal.  To  you.  then,  we  look.  Before  your  honorable 
bodies,  in  view  of  *the  appalling  circumstances  with  which  we  are  surrounded,  rely- 
ing on  the  righteousness  of  our  cause  and  the  justice  and  magnanimity  of  the  tribu- 
nal to  which  we  appeal,  wevlo  solemnly  and  earnestly  protest  against  that  spurious 
instrument. 

And  we  do  hereby  also  respectfully  reaffirm,  as  a  part  of  this  our  memorial,  the 
resolutions  and  accompanying  memorials  of  the  last  two  general  councils  of  the 
nation  held  at  Red  Clay.  Our  minds  remain  unaltered.  We  never  can  assent  to 
that  compact,  nor  can  we  believe  that  the  United  states  are  bound  in  honor  or  in 
justice  to  execute  on  us  its  degrading  and  ruinous  provisions. 

It  is  true  we  are  a  feeble  people,  and  as  regards  physical  power,  we  are  in  the 
hands  of  the  United  States;  but  we  have  not  forfeited  our  rights,  and  if  we  fail  to 
transmit  to  our  sons  the  freedom  we  have  derived  from  our  fathers  it  must  not  be  by 
an  act  of  suicide;  it  must  not  be  with  our  own  consent. 

With  trembling  solicitude  and  anxiety,  we  most  humbly  and  most  respectfully  ask 
will  you  hear  us?  Will  you  extend  to  us  your  powerful  protection?  Will  you 
shield  us  from  the  "horrors"  of  the  threatened  storm?  Will  you  sustain  the  hopes 
we  have  rested  on  the  public  faith,  the  honor,  the  justice  of  your  mighty  empire? 
We  commit  our  cause  to  your  favor  and  protection.  And  your  memorialists,  as  in 
duty  bound,  will  ever  pray. 

Signed  by  15,665  of  the  Cherokee  people,  as  will  appear  by  referring  to  the  origi- 
nal, submitted  to  the  Senate  by  the  Cherokee  delegation. 

Cherokee  Natjdn,  February  22,  IS 38. 


MEMORIAL  OF  THE  DELEGATION  OF  THE  CHEROKEE  NATION. 

[March  9, 1840.] 

To  the  honorable   the  Senate  and  House  of  Representatives  of  the  United  States  of 
America  in  CotK/ress  assembled: 

"The  petition  and  memorial  of  the  undersigned,  delegates  and  representatives  of 
the  Cherokee  Nation,  respectfully  shows  and  represents: 

"That  the  present  position  of  the  Cherokee  Nation,  and  the  events  which  have 
taken  place  since  its  cause  was  humbly  submitted  two  years  ago  to  Congress,  are  of 
a  character  to  call  for  deep  and  immediate  attention. 

"Your  memorialists  have  no  desire,  at  this  juncture,  to  dwell  on  the  harrowing 
causes  of  the  removal  of  the  great  mass  of  their  people  from  their  native  and  culti- 
vated country  east  of  the  Mississippi  to  the  wilderness  of  the  West.  The  history 
of  that  capture  is  notorious;  and  that  its  agonies  were  mitigated,  is  owing  to  the 
considerateness  of  the  stronger  in  not  demanding  of  an  entire  people  to  say  that  they 
acknowledged  what  it  was  known  they  had  disavowed,  and  to  the  permission  hu- 
manely accorded  to  their  leading  men,  of  personally  supervising  the  compelled 
removal. 

"Your  memorialists  would  here  respectfully  observe,  that,  when  it  was  found  indis- 
pensable, under  all  the  circumstances,  to  change  the  mode  at  first  contemplated  for 
eft'ecting  the  transit  in  question,  those  of  your  memorialists  who  were  intrusted  with 
the  charge  of  reconciling  their  countrymen  to  it,  and  of  conducting  them  to  their 
destination,  encountered  difficulties  in  the  task,  of  which  it  may  be  impossible  for 
your  honorable  bodies  to  form  any  imagination.  Many  were  the  stern  minds  they 
had  to  alter,  who,  even  when  convinced  of  the  hopelessness  of  retaining  the  inher- 
itance they  held  so  sacred,  could  only  be  persuaded  not  to  die  defending  it,  by  a 
very  slowly  inspired  reliance  on  promises  that  their  consenting  to  remove  would 
ensure  peace  and  freedom  to  their  children  in  a  new  and  permanent  home. 


46 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


"  For  the  success  of  those  of  your  memorialists  and  others  of  their  fellow-citizens 
who  performed  this  difficult  office  it  was  fortunate  that  they  were  encouraged  to 
assure  their  indignant,  reluctant,  and  incredulous  countrymen,  that  they  would  at 
length  live  unmolested  in  a  region  where  their  inspiriting  national  principle  of  self- 
government  by  the  power  of  the  majority  was  no  more  to  be  rendered  inoperative; 
where  they  were  to  enjoy  their  own  laws,  and  to  be  forever  secured  in  the  glorious 
privilege  of  feeling  that  they  were  men.  # 

"  The  Cherokee  Nation  was  removed ;  though,  on  their  first  capture  by  troops  of  the 
xVmerican  Republic,  estates,  large  and  small,  were,  upon  the  instant,  seized  and  sold 
to  any  sordid  adventurer,  at  large  commissions  to  the  auctioneers  and  next  to  noth- 
ing for  the  owners;  though,  in  the  sudden  and  forced  gathering  of  the  people  into 
separate  masses  by  those  troops,  children  were  abruptly  severed  from  doting  par- 
ents who  never  met  them  more;  though  even  the  young  husband  was  doomed  to 
know  that  his  wife,  whom  he  was  not  permitted  to  protect  nor  even  to  behold,  had 
to  pause  before  the  rough  soldier  on  the  road  to  a  military  camp,  and,  under  these 
maddening  circumstances,  hear  the  first  cry  of  her  infant;  though  vast  multitudes 
of  both  sexes  and  of  all  ages,  ever  until  then  habituated  to  domestic  comforts,  were 
sickened  by  the  wretchedness  and  unwholesomeness  of  being  congregated  into  open 
fields  and  crowded  under  tents  during  the  most  scorching  heat  of  summer,  and 
thousands  of  those  nearest  and  dearest  to  many  of  us  at  length  sunk  into  miserable 
graves;  yes,  though  all  these  aggravations  clustered  around  us  on  every  side,  still 
the  drooping  Cherokees  were  cheered  on  finding  their  armed  captors  eventually 
withdrawn  and  their  conduct  into  exile  transferred  to  persons  among  themselves  in 
whom  they  could  confide." 

The  memorial  recites  the  removal,  the  unavoidable  conflict  with  the 
Western  Cherokees,  the  difficulties  of  arranging  a  union,  their  final 
success,  the  calumnies  filed  against  John  Ross  on  account  of  the  mur- 
ders of  the  Ridges  and  Boudinot,  and  concludes  by  maintaining  their 
position  that  the  treaty  1835  was  void,  and  that  it  was  necessary  to 
adjust  their  relations  independently  of  that  treaty,  using  the  following 
language  : 

"Your  memoralists,  therefore,  humbly  state  that,  having  full  powers  from  the 
Cherokee  people  to  bring  all  questions  between  them  and  the  United  States  to  a 
close,  they  have  been  waiting  for  some  time  in  Washington,  for  the  purpose — 

"First.  Of  obtaining  indemnification  for  the  country  which  has  been  taken  away 
from  them  east  of  the  Mississippi,  and  for  the  loss  of  private  property  and  for 
injuries  sustained  in  their  forced  removal. 

"Second.  Of  establishing  a  satisfactory  definition  of  the  tenure  under  which 
they  are  to  hold  their  lands  in  the  West. 

{i 1  Third.  Of  procuring  some  specific  stipulations  of  the  relations  which  are  to 
exist  between  them  and  the  United  States.  And, 

"Fourth.  Of  bringing  the  balance  yet  due  for  the  expenses  of  their  recent  emi- 
gration under  General  Scott  to  an  immediate  settlement. 

"And  your  memorialists  throw  themselves  on  the  humanity  and  justice  of  your 
honorable  bodies,  as  the  only  resource  now  left  for  the  arrangement  of  these 
momentous  affairs,  to  open  the  door  for  their  relief  by  such  action  as  the  wisdom  of 
your  honorable  bodies  may  devise,  and  the  circumstances  of  our  case  urgently 
demand. 

"And  your  memorialists  will  ever  pray. 

John  Ross. 
John  Looney. 
(And  Others.) 

"Washington  City,  February  ;.}S,  1840." 


REMOVAL  OF  THE  CHEROKEES,  ETC. 
|  House  llcport  No.  288.  T\v<;nty-sevei)1  li  <  'onjrress,  t  bird  session,  Vol.  IV.] 
[March  2,  1843.  j 

Mr.  Cooper,  of  Pennsylvania,  from  the  Committee  on  Indian  Affairs,  submitted 
the  following  report  : 

On  the  9th  of  .July,  1812,  the  House  of  Representatives  adopted  a  resolution  in  the 
following  words: 

"Resolved,  That  the  Committee  on  Indian  Affairs  be,  and  hereby  are,  instructed  to 
inquire  into  the  contract  for  the  removal  of  the  Cherokee  Indians  to  the  west  of  the 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES.  47 


Mississippi  River;  the  amount  contracted  for  the  removal;  the  amount  actually 
paid :  how  and  by  what  officer  the  account  of  the  contractor  was  settled  and  allowed  ; 
whether  there  was  any  appeal  from  such  settlement,  and  the  decision  on  the  appeal, 
and  whether  the  appeal  was  final  or  not;  by  what  officer  and  by  what  authority  the 
account  was  reopened  and  finally  settled  and  allowed,  and  out  of  what  fund  such 
account  was  paid,  and  on  what  authority;  also  to  inquire  whether  any  and  what 
other  offers  had  been  made  for  their  removal,  and  why  not  accepted;  and  whether 
any  further  and  what  further  action  of  Congress  should  be  had  for  the  protection  of 
the  Cherokees,  or  to  guard  the  public  Treasury;  and  that  the  said  committee  have 
power  to  send  for  persons  and  papers. r 

The  Committee  on  Indian  Affairs,  in  pursuance  of  the  above  resolution,  report: 
That  the  inquiries  directed  by  the  same  are  hereinafter  stated  and  answered  in 
order : 

First.  What  was  the  amount  contracted  to  be  paid  per  head  for  the  removal  of 
the  Cherokees  to  the  west  of  the  Mississippi? 

By  a  contract  made  on  the  2d  of  August,  1838,  by  General  Scott,  as  agent  of  the 
United  States,  with  John  Ross,  Elijah  Hicks,  and  others,  on  the  part  of  the  Cherokees, 
the  sum  of  $65.88  was  stipulated  to  be  paid  per  head  for  the  removal  of  the  Cherokees 
to  the  country  assigned  them  beyond  the  Mississippi.  (See  p.  12.)  This  price 
General  Scott  regarded  as  extravagant. 

R.  E.  Clements,  who  was  examined  as  a  witness  on  this  subject,  states  that  "he 
considers  the  price  paid  to  John  Ross,  agreeably  to  his  contract,  as  having  been 
exceedingly  extravagant.'"  He  says  further,  that  "there  were  persons  on  the  ground 
every  way  able  and  competent  to  carry  out  the  contract  who  would  have  taken  it 
for  less  than  one-half  the  amount  agreed  to  be  paid  to  John  Ross."  (See  deposition, 
p.  41  of  this  report.)  Gary  Hinant,  another  witness,  states  that  he  was  a  citizen  of 
the  Cherokee  Nation,  and  removed  himself;  that  he  was  fifty-live  days  on  the  route; 
that  he  moved  at  his  ease,  stopping  when  necessary  for  rest  and  refreshment,  and 
That  his  expenses  after  starting  were  less  than  $20  per  head.  The  distance  was  about 
800  miles.    (Deposition,  p.  45.) 

The  treaty  party  offered  to  remove  themselves  for  $40  per  head,  and  Watson  & 
Co.  offered  to  do  it  at  $32  per  head.  The  Secretary  of  War  estimated  the  cost  of 
removal  at  $30  per  head.    (See  report  Commissioner  of  Indian  Affairs,  p.  12,  et  seq.) 

Second.  What  amount  was  actually  paid  per  head  for  the  removal  of  the  Cherokees  ? 

The  amount  actually  paid  was  $103.25  per  head.  The  amount  contracted  to  be  paid, 
as  before  stated,  was  $65.88,  or,  with  a  small  allowance  which  was  made  for  soap, 
$66.24.  The  whole  amount  due  Ross,  estimating  at  $66.24  per  head,  was  $776,398.98, 
which  was  paid  to  him  by  Captain  Page,  the  disbursing  agent  of  the  Government, 
on  the  13th  November,  1838.  The  whole  claim  of  Mr.  Ross  was  $1,263,338.38,  or  at  the 
rate  of  $103.25  per  head. 

Third.  How  was  this  claim  settled,  and  by  what  officer  was  it  allowed? 
-  The  claim  presented  by  John  Ross  to  the  Commissioner  of  Indian  Affairs,  as  before 
stated,  amounted  to  $1,263,338.38.  Of  this  claim  $776,398.98  had  been  paid,  and  was 
allowed;  the  remainder,  amounting  to  $486,939.50,  was  rejected.  This  amount  is 
over  and  above  the  contract,  and  is  claimed  on  the  ground  that  what  is  termed  the 
contract  was  a  mere  estimate,  aud  the  amount  mentioned  in  the  same  liable  to  be 
increased  or  diminished  accordingly  as  a  greater  or  less  time  should  be  occupied  in 
the  removal.    (See  report  Commissioner  Indian  Affairs,  p.  12,  et  seq.) 

Fourth.  Was  there  an  appeal  from  the  decision  of  the  Commissioner  of  Indian 
Affairs;  to  what  officer,  and  what  was  the  decision  on  the  appeal? 

When  the  amount  of  $486,939.38  was  rejected  by  the  Commissioner  of  Indian 
Affairs  an  appeal  was  taken  by  John  Ross  to  the  Secretary  of  War.  who  a 'firmed  or 
approved  the  decision  of  the  Commissioner.  The  case  was  then  brought  before  the 
President,  and  the  decision  of  the  War  Department  affirmed.  Afterwards,  on  the 
7th  of  January,  1841,  this  matter  was  again  brought  before  the  President  (Van 
Buren)  by  the  counsel  of  John  Ross,  with  a  request  that  he  would  review  his  former 
decision;  but  this  he  declined,  stating-  that  he  regarded  his  former  decision  as  final. 
(Pp.  25,  26.) 

Fifth.  Was  the  settlement  of  this  claim  opened;  by  what  authority  was  it  opened, 
and  how  was  it  finally  disposed  of  ? 

The  decision  of  the  Commsssioner  of  this  claim,  made  on  the  8th  of  August,  1840, 
and  affirmed  by  the  President  of  the  United  States  on  the  2d  of  September,  1840,  was 
opened,  by  the  direction  of  the  present  Chief  Magistrate,  some  time  in  the  spring  of 
1841,  as  appears  from  his  letter  of  September  20,  1841,  to  John  Ross  and  others,  in 
which  he  informs  them  "that  he  had  directed  the  Secretary  of  War  to  examine  and 
settle  the  arrearages  due  for  removal  under  the  contract  made  with  General  Scott, 
in  1838. "  The  claim  for  arrearages  was  accordingly  reexamined,  and  $486,939.50  was 
finally  ordered  to  be  paid  by  the  Secretary  of  War  on  the  6th  of  September,  1841. 
(See  pp.  49,  50;  see  also  report  of  Secretary  of  War,  in  which  he  says:  "The  ground 
on  which  the  claim  rests  is  materially  changed  by  the  statement  of  General  Scott, 
made  since  the  first  decision,  p.  28.) 


48  MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


The  action  of  the  executive  officers  in  this  case  was,  as  the  committee  believe, 
in  contravention  of  t lie  rules  heretofore  observed,  and  repugnant  to  law,  as 
expounded  by  various  law  officers  of  the  Government  in  like  cases.  It  is  a  rule, 
which  each  Administration  has  heretofore  prescribed  for  its  action,  to  consider  the 
acts  of  its  predecessors  conclusive,  as  far  as  the  Executive  is  concerned.  And,  with- 
out intending  to  cast  censure  or  blame  upon  the  Executive  in  this  particular  case,  or 
to  do  more  than  simply  arrange  and  embody  the  facts,  the  committee  nevertheless 
feel  bound  to  observe  that  under  such  precedent  the  Executive  acts  will  always  be 
liable  to  be  disturbed  as  often  as  a  successor  shall  think  proper  to  review  them. 
(See  opinion  of  Mr.  Attorney-General  VVirt,  Executive  Document,  second  session 
Twenty-sixth  Congress,  vol.  2,  1840-41,  p.  554;  see  also  same  volume,  p.  841,  opinion 
of  Mr.  Attorney-General  Taney.) 

Sixth.  Out  of  what  fund  was  the  amount  last  allowed  paid;  to  whom  was  it  paid, 
and  on  what  authority 

The  sum  of  $486,939.38  was  paid  out  of  the  fund  arising  under  the  Cherokee  treaty 
of  1835-36.  It  was  paid  to  John  Ross  on  the  authority,  as  the  committee  believe,  of 
the  following  resolution  of  the  Cherokee  council,  to  wit: 

"Resolved  by  the  Cherokee  nation,  through  their  National  committee  and  council  in 
national  council  assembled,  That  it  is  hereby  ordered  that  the  aforesaid  John  Ross 
be,  and  he  is  hereby,  directed  and  fully  empowered  to  proceed  to  Washiugton  City 
and  urge  a  settlement  of  this  claim  with  all  possible  expedition,  and  to  apply  for 
and  receive  from  the  Government  of  the  United  States,  in  the  name  of  the  Cherokee 
Nation,  the  balance  due  of  $581,346,884  as  stated  in  the  account  of  the  emigration 
claim,  in  order  that  the  business  growing  out  of  it  may  be  brought  to  a  final  close.'7 

This  sum  of  $581, 346. 88£  includes  a  claim  of  Lewis  Ross  of  $94,407.38,  which  has 
not  been  referred,  not  having  relation  to  the  subject  of  inquiry.  It  is,  however, 
somewhat  curious  that  the  national  council  should  undertake  the  settlement  of  a 
private  claim.  (For  the  fund  out  of  which  this  claim  was  paid,  see  Statement  A, 
p.  51.) 

Seventh.  Was  any  offer  or  bid  made  for  the  removal  of  the  Cherokees  and  at 
what  rate  ? 

General  Scott  states  in  a  letter  to  the  Secretary  of  War,  dated  August  28,  1838, 
that  the  treaty  party  of  the  Cherokee  Nation  offered  to  remove  themselves  for  $40 
per  head.  Watson  &  Co.  proposed  to  remove  them  at  $32  per  head,  and  R.  E.  Clem- 
ents, a  witness  already  referred  to,  states  that  there  were  persons  on  the  ground  who 
would  have  removed  them  for  less  than  half  the  sum  agreed  to  be  paid  to  John  Ross. 

From  the  opinion  entertained  of  the  original  contract  (at  $65.88  a  head)  by  various 
persons,  some  idea  may  be  formed  of  whether  it  was  liberal  or  not.  Bryan,  Clem- 
ents &  Co.  offered  Lewis  Ross  $40,000  for  his  contract,  which  he  declined.  George 
I>.  Gordon,  who  was  a  partner  of  Lewis  Ross  to  the  extent  of  one-seventh,  sold  his 
interest  to  the  latter  for  $15,000.  If  the  profits  on  a  seventh  were  $15,000  they  would 
amount  to  $105,000  on  the  whole.  John  McCain,  who  was  employed  by  Lewis  Rosa 
to  assist  him  in  the  execution  of  his  contract,  and  who  kept  the  accounts  of  the  pur- 
chases, etc.,  states  that  Ross  could  not  have  realized  less  than  $150,000  on  his  con- 
tract as  originally  made.  (See  report  of  Commissioner  of  Indian  Affairs,  p.  12, 
et  seq.) 

Eighth.  What  action  should  be  taken  for  the  protection  of  the  Cherokees,  and  to 
guard  the  Treasury  I 

This  is  a  question  which  the  committee  find  it  difficult  to  answer.  They  submit 
(see  statement  A)  a  table  showing  the  amount  appropriated,  the  objects  to  which 
it  has  been  applied,  as  well  as  the  amount  remaining  unexpended.  From  this  the 
House  will  be  able  to  form  its  own  judgment,  when  it  shall  be  called  on  to  act  on 
the  subject. 

Under  the  treaty  and  the  acts  passed  to  carry  it  into  effect  the  Cherokees  were 
entitled  to  $6,537,634.  By  the  treaty  $600,000  was  sot  apart  to  pay  the  expenses  of 
removal,  but  by  the  table  above  referred  to  it  will  be  seen  that  the  expense  of  removal 
;ind  subsistence  for  a  year  exceeds  the  sum  of  $2,855,000.  The  amount  paid  to  claim- 
ants Cor  spoliations,  reservations,  and  improvements  is  $2, 21?, 828. 90,  and  the  whole 
amount  expended  is  $5,388,178.23.  The  sum  of  $714,871.75  is  invested  in  stocks  for 
the  benefit  of  the  Cherokees,  and  there  remains  in  the  Treasury  and  in  the  bonds  of 
agents,  $434,384.02.  Of  this  last-mentioned  sum  $63,663.29  has  been  lost  by  the  defal- 
cation of  Capt.  b\  I ).  ( !.  ( 'ollins,  as  well  as  several  smaller  sums  by  other  persons  ;  so 
that  there  remains  in  the  Treasury  but  $275,499.59.  The  payment  to  John  b'oss  of 
the  sums  which  be  has  received  over  and  above  the  amount  agreed  to  be  paid  him 
will  probably  be  regarded  as  a  matter  of  no  pecuniary  importance  to  the  United 
States. 

These  sums  were  paid  out  of  the  fund  arising  under  the  treaty,  or  that  whic  h  was 
appropriated  by  the  act  of  12th  June,  1838.  But  it  must  be  recollected  that  a  por- 
tion of  the  funds  arising  Qnder the  treaty  were  applicable  to  certain  specific  objects; 
and  if  the  Oovcmment  has  misapplied  these  funds  so  far  that  there  does  not  remain 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES.  49 


sufficient  to  meet  these  objects,  the  deficiency  created  by  its  abuse  of  its  trust  must 
be  made  good  out  of  the  Treasury.  The  payment  to  John  Ross  was  an  injury  to 
that  part  of  the  nation  who  did  not  participate  in  the  profits  of  his  contract,  and  it 
is  likely  to  prove  an  injury  to  this  Government  in  the  manner  just  mentioned. 

Accompanying  this  report  will  be  found  the  contract  of  General  Scott  with  John 
Ross  and  others;  the  report  of  the  Commissioner  of  Indian  Affairs  on  the  subject  of 
Mr.  Ross's  claim;  the  review  of  the  claim  by  Mr.  Secretary  Bell;  the  letter  of  the 
President  to  the  Cherokee  delegation;  Mr.  Ross's  accounts;  the  testimony  of  a  num- 
ber of  witnesses  relative  to  the  subject;  together  with  a  statement  of  the  expendi- 
tures made  from  the  Cherokee  fund  arising  under  the  treaty  of  1835-36,  etc. 

JOHN  HOWARD  PAYNE'S  EVIDENCE. 

John  Howard  Payne  testified  before  the  Committee  on  Indian  Affairs  in  1842  that 
he  was  employed  by  John  Ross  from  1835  to  1841  for  the  purpose  of  assisting  him 
and  the  Cherokee  delegation,  sometimes,  with  him,  to  compose  the  difficulties 
between  the  Cherokees  and  the  United  States.  His  evidence  is,  in  part,  as  follows 
(House  Report,  No.  1098,  Twenty-seventh  Congress,  second  session;  House  Reports 
of  Committees,  vol.  5,  1841-42) : 

"  Second  interrogatory.  Was  Mr.  Ross  opposed  to  the  execution  of  the  treaty 
made  with  the  Cherokees  in  1835-36?  If  aye,  state  in  what  manner  his  opposition 
was  manifested.    State  particularly. 

"  Answer  to  second  interrogatory.  Mr.  Ross  never,  to  my  knowledge,  admitted, 
either  directly  or  indirectly,  that  what  the  interrogatory  terms  '  the  treaty  made  with 
the  Cherokees  in  1835-36,"  either  was  fairly  entitled  to  be  considered  as  a  real  treaty, 
or  was  made  with  the  Cherokees  as  a  nation.    *    *  * 

"  Third  interrogatory.  Has  Mr.  Ross  ever  informed  you  that  he  would  never 
recognize  the  validity  of  the  above-mentioned  treaty?    *    *  * 

"Answer.  *  *  *  I  have  always  supposed  that  Mr.  Ross  never  would  recognize 
the  validity  of  what  the  interrogatory  terms  'the  treaty  made  with  the  Cherokees 
in  1835-36/  I  can  not  state  fully  all  that  he  said  upon  the  subject,  *  *  *  but 
from  the  beginning  to  the  end  of  my  communications  with  him  his  views  of  it  never 
appeared  to  vary. 

u  Fourth  interrogatory.  Were  you  present  in  Washington  in  1839,  when  Mr.  Ross 
presented  his  claim  to  the  Department  of  War  for  the  removal  of  the  Cherokees?  If 
aye,  state  whether  the  claim  was  against  the  United  States  or  the  Cherokee  Nation. 

"  Answer.  1  never  understood  that  it  was  made  against  the  Cherokee  Nation, 

but  always  regarded  it  as  a  claim  against  the  United  States.  Distinctly  it  seems  to 
be  stated  as  such  in  the  memorial  upon  the  general  affairs  of  the  Cherokees  and  the 
United  States,  which  appears  in  Document  129  of  the  House  of  Representatives,  first 
session  Twenty-sixth  Congress,  where,  on  the  10th  page,  it  forms  the  fourth  and  last 
article  of  the  enumeration  of  objects  sought  by  the  delegation  signing  that  memo- 
rial. Such  also  is  iny  construction  of  the  manner  in  which  it  was  mentioned  by 
John  Ross  in  a  message  to  the  Cherokee  council  in  October,  1840,  in  resolutions,  and 
an  order  of  the  same  council  to  John  Ross  for  its  enforcement,  as  well  as  in  other 
official  documents. 

The  language  used  by  Mr.  Ross  in  his  message  to  the  national  council  in  the 
present  Cherokee  Nation,  in  October,  1840,  is  as  follows  (id.,  page  45) : 

JOHN  ROSS'S  MESSAGE,  OCTOBER,  1840. 

a  »  #  *  j  abstain  from  remarking  upon  the  postponement  of  the  just  dues  to 
our  nation,  further  than  to  add  that  the  unanimity  now  prevailing  among  ourselves, 
and  other  circumstances,  justify  the  expectation  of  a  change  of  policy  in  the  United 
States  Government  regarding  our  affairs.  I  will,  therefore,  hope  that  our  country- 
men will  continue  to  be  patient,  and  to  place  every  confidence  in  the  honesty  and 
honor  of  the  Government  and  people  of  the  United  States.  Let  us  not  afford  an 
excuse  for  withholding  our  dues,  by  dissension  among  ourselves.  Let  us  remain  in 
the  right,  and  trust  to  Providence  and  an  upright  cause  for  the  result.  The  points 
for  adjustment  at  Washington  are  more  numerous  and  important  now  than  ever. 
The  country  taken  from  us  east  of  the  Mississippi  still  remains  unpaid  for;  the 
tenure  under  which  our  present  lands  in  the  West  are  granted  continues  undefined, 
as  do  the  relations  which  are  to  subsist  between  us  and  the  United  States.  But 
these  multifarious  calls  are  too  severely  known  to  you  to  require  that  I  should  enu- 
merate them  here. 

"The  utter  disregard  of  all. our  claims  at  the  American  metropolis  might  have  been 
more  injurious  than  it  proved  had  it  not  been  for  the  timely  aid  of  friends  by  whom 
your  delegation  were  enabled  to  meet  the  expenses  which  were  to  have  been  defrayed 
with  moneys  long  overdue  from  the  United  States  that  when  applied  for  under 
your  requisition  were  withheld.    Thus  embarrassed,  I  claimed,  under  a  protest,  the 

S.  Doc,  392  4: 


50  MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


proceeds  of  a  partial  valuation  for  improvements  taken  from  me  in  our  late  country, 
and  with  these  discharged  the  loan  for  the  nation  and  paid  all  other  demands  against 
your  delegates." 
And  on  page  46,  id : 

"It  was  my  hope  to  have  bad  it  in  my  power  to  close  the  whole  business  of  the 
emigration  at  tbe  present  council,  but  I  deeply  lament  that  the  course  taken  by  the 
War  Department  in  witbholding  a  final  settlement  renders  it  impracticable.  When 
our  account,  formed  upon  tbe  basis  distinctly  understood  between  General  Scott  and 
our  special  agents,  was  presented  for  payment  frivolous  exceptions  were  takeu 
against  portions  of  it,  and  a  balance  due  to  the  nation  of  $581,346.88^  was  left 
unsettled;  *  *  *  Tbe  principle  upon  which  the  nation  estimated  our  emigration 
expenses  with  General  Scott  was  to  receive  for  them  the  same  amount  which  the 
removal  would  have  cost  had  it  been  accomplished  not  by  us  but  by  the  United 
States."    *    *  * 

The  resolution  of  the  national  council  empowering  John  Ross  to  receive  from  the 
United  States  the  balance  due  for  removal  under  the  contract  with  General  Scott, 
passed  November,  1840  (id.,  48),  is  as  follows: 

RESOLUTION  OF  CHEROKEE  NATIONAL  COUNCIL,  NOVEMBER  11,  1840. 

"Whereas,  in  the  month  of  May,  1838,  the  Cherokee  Nation  east  of  the  Mississippi 
was  in  a  state  of  capture  by  an  army  of  the  United  States,  under  the  command  of 
Major-General  Scott,  for  the  avowed  purpose  of  removal  west  of  the  Mississippi; 

"And  whereas,  at  that  crisis,  it  was  thought  expedient  by  the  United  States,  in 
order  to  diminish  the  sources  of  irritation  produced  among  the  Cherokees  by  the 
hereinbefore  stated  and  other  causes,  regarded  by  them  as  harsh  and  unauthorized, 
to  change  the  mode  of  removal,  with  an  understanding  on  the  part  of  the  Chero- 
kees that  their  remaining  concernments  should  be  left  for  subsequent  adjustment; 

"And  whereas,  in  consequence  of  the  aforesaid  change  of  policy,  General  Scott 
was  vested  with  unlimited  powers  from  the  United  States  Executive  to  arrange 
with  the  Cherokees  for  their  self-removal  and  for  the  withdrawal  of  his  army; 

"Aud  whereas,  pursuant  to  the  authority  in  question,  General  Scott  did  arrange 
with  tbe  Cherokee  Nation,  through  their  regularly  constituted  special  agents  for 
that  purpose,  and  which  special  agents  calculated  with  General  Scott  a  basis  for  the 
amount  to  be  paid  for  the  expense,  rating  the  component  parts  from  the  customary 
allowance  by  the  War  Department  upon  such  items,  when  contracted  for  with 
citizens  of  tbe  United  States; 

"And  whereas  it  was  supposed  that  the  emigration  might  be  entirely  completed 
in  eighty  days,  more  or  less,  although  it  was  impossible  to  covenant  for  any  specific 
term ; 

"And  whereas  it  appeared  that,  if  eighty  days  should  be  the  time  consummated  in 
the  emigration,  the  aggregate  of  the  component  parts  of  the  aforesaid  estimate 
would  make  the  cost  of  each  person  for  tbe  eighty  days  amount  to  sixty-live  dollars 
and  eighty-eight  cents;  and  hence,  on  that  sum  it  was  concluded  to  fix  as  the  basis 
of  the  charge,  to  which  it  was  agreed  to  add  the  single  article  of  soap,  at  fifteen 
cents  per  pound; 

"And  whereas  it  was  fully  understood  between  the  Cherokee  Nation,  through  their 
special  agents,  and  General  Scott,  full}'  empowered  to  represent  in  this  matter  the 
United  States,  that  sixty-live  dollars  and  eighty-eight  cents,  with  the  aforesaid  addi- 
tion for  soap,  was  a  fair  allowance  for  eighty  days'  expenses  each  in  emigrating  the 
Cherokees;  that  amount  per  bead  being  necessarily  liable  to  reduction  or  to  increase, 
at  the  same  rate,  in  the  event  of  a  greater  or  a  lesser  length  of  time  proving  requisite 
for  the  purpose  than  the  before-mentioned  eighty  days; 

"And  whereas,  under  the  aforesaid  arrangement,  the  Cherokee  people  were  formed 
into  thirteen  detachments,  and  the  removal  was  to  proceed  by  such  routes  as  might 
appear  most  eligible;  but  its  commencement  by  no  means  to  be  delayed  beyond  the 
first  day  of  September,  one  thousand  eight  hundred  and  thirty-eight,  then  next 
ensuing ; 

"  And  whereas,  these  conditions  being  fully  settled,  the  special  agents  of  the 
nation,  acting  on  the  nation's  behalf,  after  having  made  divers  appointments  for  the 
purpose  of  carrying  it  into  effect,  in  order  to  condense  the  business,  did  delegate  its 
entire  snperintendance  to  one  of  their  body,  John  Koss;  and  by  John  Ross  such  per- 
sons were  deputed  for  the  management  of  the  various  departments,  on  account  of 
the  nation,  as  were  considered  best  qualified  for  the  purpose; 

"And  whereas,  before  tbe  first  day  of  September,  one  thousand  eight  hundred  and 
thirty-eight,  which  day  formed  the  limit  of  the  term  covenanted  for,  John  Koss 
caused  the  removal  to  be  commenced  and  the  first  detachment  actually  to  bo  under 
way  upon  the  twenty-eighth  of  August  previous ;  but  in  consequence  of  t  ho  awful 
sickness  among  the  people,  and  the  drought  which  pervaded  the  country  through 
which  they  had  to  pass,  General  Scott,  and  not  John  Koss,  called  a  halt,  and  ordered 
the  emigration  to  be  suspended) 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES.  51 


"And  whereas  the  emigration,  in  consequence  of  this  considerateness  on  the  part 
of  General  Scott,  actually  was  suspended  for  several  weeks,  and  thereby  a  necessity 
entailed  for  further  delay,  and  especially  among  some  of  the  detachments,  on  arriv- 
ing afc  the  Mississippi,  found  it  impassable,  from  the  ice  accumulated  therein,  in 
consequence  of  the  advance  of  winter; 

"And  whereas  the  different  causes  of  protraction  extended  the  time  occupied  in 
removal  variously,  but  in  every  instance  beyond  the  limit  first  contemplated  of  eighty 
days,  and  consequently  enlarged  proportionately  the  cost  of  the  emigration  to  the  United 
States; 

"And  whereas  it  appears  from  the  report  of  John  Ross,  the  superintendent,  that 
there  is  a  balance  still  in  arrear  to  the  Cherokee  Nation  of  live  hundred  and  eighty- 
one  thousand  three  hundred  and  forty-six  dollars  and  eighty-eight  and  a  half  cents, 
which  balance  has  been  repeatedly  applied  for,  but  the  payment  of  which  has  been 
withheld; 

"Now,  therefore,  by  the  committee  and  council  of  the  Cherokee  Natiou,  in 
national  council  assembled,  it  is 

"L'esolved,  That  the  conditions  of  the  contract  made  between  General  Scott,  on 
the  part  of  the  United  States,  and  the  special  agents,  including  John  Ross,  on  the 
behalf  of  the  Cherokee  Nation,  for  removing  the  Cherokees  east  of  the  Mississippi 
to  their  destination  west  of  Arkansas,  have  (not)  been  scrupulously  fulfilled  on  the 
part  of  the  United  States,  as  represented  by  General  Scott. 

;'Bcso1ved,  That  the  aforesaid  failure  of  the  United  States  to  sustain  the  pledges 
given  to  the  Cherokee  Nation  by  General  Scott  has  caused  the  deepest  distress 
among  numbers  of  its  citizens  who  have  claims  upon  the  balance  due;  and  that  a 
final  settlement,  especially  under  the  trying  circumstances  of  the  Cherokee  people 
of  late,  is  of  vital  importance. 

"L'esolred,  That  the  authority  vested  in  the  special  agents,  and  continued  by  the 
act  of  union  between  the  Eastern  and  Western  Cherokees,  passed  at  Illinois  Camp 
Ground  on  the  12th  day  of  .July,  1839,  and  by  them  conferred  upon  one  of  their 
members,  John  Ross,  as  superintendent,  with  a  view  to  facilitate  the  duties 
required  of  them,  be,  and  the  same  is  hereby,  approved  and  ratified. 

And  further  resoh-ed  (in  support  of  the  aforesaid  authority).  That,  by  the  Cherokee 
Nation,  through  their  national  committee  and  council,  in  national  council  assembled, 
it  is  hereby  ordered,  that  the  aforesaid  John  Ross  be,  and  he  is  hereby,  directed  and 
fully  empowered  to  proceed  to  Washington  City,  and  to  urge  a  settlement  of  this 
claim  with  all  possible  expedition,  and  to  apply  for  and  receive  from  the  Govern- 
ment of  the  United  States,  in  the  name  of  the  Cherokee  Nation,  the  balance  due  of 
five  hundred  and  eighty-one  thousand  three  hundred  and  forty-six  dollars  and  eighty- 
eight  and  a  half  cents,  as  stated  in  the  emigration  claim,  in  order  that  the  business 
growing  out  of  it  may  be  brought  to  a  final  close." 

"Eleventh  interrogatory.  Against  whom  was  Mr.  Ross's  claim  first  charged,  and 
against  whom  was  it  charged  in  the  second  instance?    *    *  * 

Answer.  *  *  *  I  know  nothing  whatever  in  relation  to  any  shifting  of  the  emi- 
gration claim  from  the  United  States  to  the  treaty  fund.  As  John  Ross  had  never, 
to  my  knowledge,  recognized  the  treaty,  I  could  not  of  course  suppose  that  he  had 
recognized  any  treatv  fund,  as  I  had  nsver  found  him  to  waver  upon  that  point." 
(Id.  p. 50.) 

EVIDENCE  ON  JOHN  ROSS'S  CONTRACT. 

Samuel  C.  Stambaugh  testified  before  the  same  Committee  on  Indian  Affairs  August 
6,  1842,  and  said  in  part: 

"I  never  saw  the  decision  of  the  Secretary  of  War  upon  that  claim,  or  heard  the 
grounds  upon  which  he  directed  it  to  be  paid  out  of  the  Cherokee  fund.  My  impression 
always  was,  pending  the  prosecution  of  the  claim,  that  it  was  against  the  United 
States  and  not  the  Cherokee  Nation.  It  was  based  upon  a  contract  made  between 
the  United  States  and  individuals  of  the  nation,  not  sanctioned  by  any  provision  of 
the  treaty."    (Id.,  p.  51.) 

(Page  53.)  "In  reply  to  your  second  interrogatory  I  can  say  that  I  have  no  distinct 
recollection  of  any  particular  conversation  I  ever  had  with  Mr.  Ross  upon  the  subject 
of  the  claim  preferred  by  him  against  the  United  States  for  removing  the  Cherokees. 
I  have  frequently  heard  him  speak  of  his  difficulties  with  the  War  Department  under 
Mr.  Van  Buren's  Administration,  and  always  understood  that  he  refused  to  recognize 
the  New  Echota  treaty  of  1835,  and,  consequently,  that  he  did  not  claim  under  that 
treaty;  hence  he  must  have  charged  his  account  for  removing  the  Cherokees  to  the 
United  States,  and  not  to  the  Cherokee  Nation,  in  the  first  instance." 

Gideon  F.  Morris  (p.  65) : 

"  Question  10.  Had  you  any  conversation  with  John  Ross  while  in  this  city  in  1841, 
or  since,  in  relation  to  the  claim  which  he  was  then  pressing?  If  yea,  state  against 
whom  the  claim  was  made,  for  what  it  was  made,  and  the  particulars  of  the  con- 
versation referred  to. 


52  MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


"Answer.  I  have  bad  different  conversations  with  John  Ross  relative  to  the  claim 
which  was  allowed  him  in  1841.  I  understood  that  the  claim  was  one  against  the 
United  States,  and  for  services  rendered  in  removing  the  Cherokees  west  of  the  Mis- 
sissippi. 

"  Question  11.  Did  he  (Ross)  state  that  the  claim  was  one  against  the  United 
States  and  that  he  did  not  intend  it  to  be  a  charge  upon  the  Cherokee  fund  ? 

"Answer.  I  have  heard  John  Ross  say  that  his  claim  was  against  the  United  States 
and  that  it  was  not  to  come  out  of  the  Cherokee  fund.  I  have  heard  others  of  the 
delegation  (Mr.  Benge  and  Mr.  Vann)  say  the  same  thing — that  Ross  claimed  it  from 
the  United  States  and  not  out  of  the  Cherokee  fund. 

"Question  12.  Did  not  Ross  and  his  party  always  deny  the  validity  of  the  treaty 
of  1835,  and  have  they  not  refused  to  recognize  it,  and  do  they  do  so  still? 

"Answer.  Mr.  Ross  and  his  party  have  in  all  their  conversations  with  me  uni- 
formly denied  the  validity  of  the  treaty  of  1835  and  refused  to  recognize  it. 

''Question  13.  Out  of  what  fund  was  this  claim  finally  paid?  YVas  it  out  of  the 
Cherokee  fund,  and  why  ? 

"  Answer.  I  have  always  understood  that  the  claim  was  paid  out  of  the  Cherokee 
fund." 

Garry  Hinant  (pp.  66-67) : 

"  Question  3.  Have  you  ever  had  any  conversation  with  John  Ross  about  his  claim? 
If  aye,  state  out  of  what  fund  he  claimed  to  be  paid  and  what  he  said  on  the  subject. 

"Answer.  I  have  had  conversations  with  the  Cherokee  delegation,  and  perhaps 
with  Ross,  on  the  subject  of  their  or  his  claim,  who  said  it  was  a  claim  against  the 
United  States  generally,  and  not  payable  out  of  the  Cherokee  fund  appropriated 
under  the  treaty  of  1835  and  1836.  He  and  they  denied  the  validity  of  the  New 
Echota  treaty;  said  it  was  a  fraudulent  treaty,  made  without  authority;  never 
could  recognize  it  as  a  treaty  or  receive  any  of  the  moneys  appropriated  to  carry  it 
into  effect. " 


[House  Report  jSo.  1098,  p.  68;  report  from  Sec  on '1  Auditor's  Office,  August  18,  1842.] 


1838. 

Aug.    4.  Paid  to  John  Ross,  principal  chief  and  agent  of  the  Cherokee 

Nation,  on  account  of  removal  and  subsistence   $130,  000.  00 

Sept.  17  do   134,  960.  00 

Oct.  16  do   264,960.00 

Nov.  13  do  .'   264,479.04 


Total  -   776.399.04 


1841. 

Aug.  16.  Paid  to  John  Ross  and  Lewis  Ross,  on  account  of  carrying 
into  effect  treaty  with  Cherokees,  allowed  by  Secretarv  of 
War  .   94,407.38 

Sept.  17.  Paid  to  John  Ross,  principal  chief  and  agent  of  the  Cherokee 
Nation,  specially  authorized  by  the  national  council  to 
apply  for  and  receive  the  same,  allowed  by  the  Secretarv  of 
War   486,939.50 


Total   581,346.88 


Grand  total  ,   1,  357,  745.  92 


SERVICES  OF  TREATY  PARTY. 

June  2,  1846.  In  House  Report  No.  683,  Twenty-ninth  Congress,  first  session,  Mr. 
Jacob  Thompson,  from  the  Committee  on  Indian  Affairs,  reports  in  favor  of  House 
bill  456,  providing  for  separation  of  the  Cherokee  country  between  the  factious  and 
the  removal  and  subsistence  of  the  North  Carolina  Cherokees.  The  committee  say, 
among  other  things : 

"  llefore  the  treaty  of  1835  the  Cherokee  council  had  issued  a  decree  that  any 
individual  of  that  tribe  who  should  sign  a  treaty  for  the  cession  of  the  Cherokee  coun- 
try should  be  considered  as  a  traitor,  and  as  such  should  be  regarded  as  an  outlaw. 
Notwithstanding  this  sentence  and  fearful  penalty,  after  the  Cherokee  Nation  was 
involved  in  the  most  perplexing  difficulties  with  the  State  of  Georgia,  which,  if  per- 
sisted in,  were  calculated  to  disturb  the  peace  and  good  feeling  of  the  people  of  the 
whole  Union;  and  after  it  became  evident  that  to  remain  longer  in  their  old  country 
was  destructive  to  their  prosperity,  and  even  of  their  national  existence,  and  that 
the  only  means  of  saving  their  own  people,  and  of  removing  from  the  States  and 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


53 


the  General  Government  the  perplexing  question  of  conflicting  jurisdictions  which 
had  sprung  out  of  their  remaining  on  this  side  of  the  Mississippi  River,  was  to  treat 
for  the  cession  of  all  their  country  within  the  States;  the  treaty  party,  with  a  firm- 
ness of  nerve  and  a  purity  of  purpose  which  reflected  upon  them  high  honor,  came 
forward,  at  the  most  earnest  solicitation  of  the  United  States,  entered  into  a  treaty 
in  the  year  1835,  in  the  face  of  the  most  violent  opposition;  braved  the  most 
unmeasured  denunciations;  and,  in  this  manner,  enabled  our  Government  to  avoid 
a  conflict  which  threatened  to  shake  our  institutions  to  their  very  foundation." 


GOVERNMENT  PARTY. 
[July  17,  1846.   Indian  Office  Files.] 
[Portion  of  argument.] 

The  whole  amount  paid  to  the  Cherokee  government  for  the  expenses  of  emigra- 
tion is  $1,263,338,481. 

It  is  said  that  this  sum  is  extravagant.  If  it  were  so,  is  the  Government  relieved 
from  the  obligation  to  pay  it  ?  With  equal  justice  might  it  be  said  that  the  sum  of 
$5,000,000  was  an  extravagant  price  for  the  lands  east,  and  therefore  it  should  not 
be  paid. 

But  is  it  true  in  point  of  fact?  What  is  the  standard  by  which  these  expenses  are 
to  be  estimated  ?  Not  surely  the  allowance  which  was  made  to  individual  Cherokees 
who  might  remove  themselves.  But  the  sum  which  such  removal  would  have  cost 
if  it  had  been  made  by  the  Government  of  the  United  States  through  its  agents.  It 
need  not  be  stated  that  a  small  party  could  have  been  removed  at  a  less  expense, 
proportionately,  than  a  large  one. 

In  eases  of  sickuess  and  the  attentions  for  burial  the  whole  detachment  must  be 
detained,  for  they  could  not  be  separated.  The  only  rule  by  which  it  could  be  esti- 
mated is  the  probable  cost  to  the  United  States  removing  the  Indians  by  its  own 
agents.  One  of  the  detachments  was  removed  by  an  officer  of  the  Army  of  the 
United  States — Lieutenant  Dean — and  the  cost  of  removal  was  $61.70  each,  within  $5 
of  the  sum  agreed  to  be  paid  by  the  contract  with  General  Scott,  and  which  was  all 
that  it  would  have  cost  if  the  march  had  only  occupied  eighty  days,  as  was  reason- 
ably estimated,  but  it  required  much  more,  from  causes  which  I  will  now  state. 

The  commencement  of  the  march  was  delayed  from  the  causes  above  stated  until 
it  could  not  be  finished  until  the  approach  of  winter,  when  the  Mississippi  River 
was  frozen  over  and  it  was  impossible  to  cross  it.  The  detachments  were  delayed  at 
that  river  more  than  a  month;  the  days  were  short  and  cold,  and  a  very  short  dis- 
tance could  therefore  be  accomplished  over  bad  roads  in  the  day,  and  hence  the 
greater  time  occupied  and  the  increased  cost. 

The  great  mortality  on  the  route  sufficiently  proves  that  no  excessive  regard  was 
paid  to  the  comfort  of  the  Cherokees,  and  this  is  the  whole  story  of  this  emigration 
contract  fairly  and  truly  stated. 

The  Cherokees  only  ask  the  fulfillment  of  their  contract,  and  the  only  reply  that 
was  ever  made  to  them,  whenever  it  was  refused,  was  not  to  deny  the  contract,  but 
to  say  that  it  was  too  good  an  one.  Does  it  become  the  Government  of  the  United 
States,  after  driving  this  poor  and  oppressed  people  from  their  homes,  and  at  infinite 
sacrifices  to  them  and  loss  of  property,  to  higgle  about  a  small  sum,  more  or  less, 
appropriated  and  contracted  for,  to  add  to  their  comfort  and  to  mitigate  the  severity 
of  the  infliction  upon  them ;  still  more  to  say  we  did  so  contract,  but  by  care  and 
economy  you  have  saved  $150,000,  and  therefore  will  pay  you  nothing.  We  could 
have  contracted  with  others  to  have  removed  you  for  less.  It  is  true  that  those  with 
whom  we  should  have  contracted  had  no  sympathies  with  you,  and  would  have 
driven  you  as  they  would  beeves  to  the  shambles,  or  as  they  did  the  Creeks,  whose 
unburied  bodies  were  left  rotting  on  the  roadside. 

I  have  already  adverted  to  the  letter  of  Mr.  Poinsett,  Secretary  of  War,  written 
by  the  direction  of  the  President,  and  dated  May  18,  1838,  in  which  he  says:  "I 
think  that  the  expenses  of  your  removal  should  be  home  by  the  United  States and 
on  May  23,  1838,  five  days  afterwards,  he  writes  to  General  Scott  to  make  an  agree- 
ment with  the  headmen  of  the  nation,  which,  "while  it  will  secure  their  comfortable 
removal  in  the  manner  most  agreeable  to  their  chiefs  and  headmen,  will  effectually 
protect  the  interests  of  the  United  States  and  prevent  all  unnecessary  delay — useless 
expenditures." 

The  language  used  is  not  "  which  will  protect  the  Cherokee  funds,"  but  which 
"will  protect  the  interests  of  the  United  States  from  unnecessary  expenditures." 

This  language  shows  too  plainly  to  admit  of  doubt  what  was  the  opinion  of  the 
Secretary  of  War.    If  anything  more  were  required  it  is  furnished  by  the  letter  of 


54 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


the  Secretary  live  days  before,  in  which  he  says  he  thinks  the  expense  ought  to  be 
borne  by  the  United  States. 

It  is  true  that  General  Scott,  after  the  contract  was  made,  said  that  the  expense 
was  to  come  out  of  the  Cherokee  funds,  but  the  Cherokee  contracting  parties  never 
assented  to  this.  But  what  did  General  Scott  mean  by  Cherokee  funds;  the  price 
of  the  lands,  $5,000,000?  By  no  means  but  the  $1,047,000;  and  the  $600,000,  doubt- 
less supposing  that  they  would  be  all  sufficient  and  that  the  balance  left  would 
belong  to  the  Nation.  If  these  two  funds  had  been  sufficient  they  would  have  been 
charged  with  these  expenses  of  removal.  They  were  not,  and  the  United  States  are 
bound  in  good  faith  to  make  them  sufficient  and  not  to  take  the  treaty  money  to  pay 
them.  As  well  might  the  annuity  fund  or  any  other  be  seized  on  for  that  purpose. 
The  United  States  were  bound  to  pay  the  expense  of  removal — 

1.  Because  the  treaty  of  1835  so  stipulated. 

2.  Because  the  removal  of  all  other  Indian  tribes,  and  the  previous  removal  of  por- 
tions of  the  Cherokees  to  the  West,  were  made  at  the  expense  of  the  United  States. 

3.  Because  General  Jackson,  in  a  talk  when  the  treaty  of  1835  was  submitted  to  the 
Cherokees,  assured  them  that  the  cost  of  their  removal  would  be  i>aid  by  the  United 
States. 

4.  Because  the  Secretay  of  War,  under  direction  of  the  President,  gave  similar 
assurance  in  May,  1838. 

5.  Because  the  Senate  so  decided  when  the  question  was  submitted  to  that  body 
to  declare  the  intention  of  its  award. 

6.  Because  the  Congress  of  the  United  States  so  decided  afterwards,  in  1838,  when 
asked  for  an  additional  appropriation  to  pay  the  expenses  of  removal. 

7.  Because  it  is  only  justice,  not  liberal  but  hard  justice,  and  without  it  nothing 
will  be  left  to  distribute  per  capita,  and  the  Eastern  Cherokees  will  receive  nothing 
for  their  lands  and  a  most  inadequate  compensation  for  the  sacrifices  consequent 
upon  their  removal. 

If  the  treaty  fund  is  relieved  from  the  charges  for  removal,  spoliation  claims, 
reservations,  subsistence  for  one  year  paid  to  Glasgow  and  Harrison,  it  will  then  only 
be  charged  with — 

800,000  acres  land   $500,  000 

Funds  invested   500,  000 

Improvements,  ferries,  etc.,  about   1,000,000 


2, 000,  000 

leaving  a  balance  of  between  $2,500,000  and  $3,000,000  justly  due  as  the  balance  of  the 
purchase  money  agreed  to  be  paid  for  the  lands  east  of  the  Mississippi.  If  this  sum 
is  due  now  it  was  equally  due  on  the  ratification  of  the  treaty.  If  the  transaction 
were  between  individuals  interest  would  be  allowed.  The  Government  of  the 
United  States  has  had  the  benefit  of  this  money  for  eleven  years,  and  the  Cherokees 
have  been  deprived  of  it — not  from  any  laches  of  theirs,  for  they  have  constantly 
and  importunately  asked  for  payment,  and  the  debts  of  the  Indians  contracted  on 
the  faith  of  this  fund  have  in  that  time  doubled  by  the  accumulation  of  interest,  etc. 
Filed  July  17,  1846. 

(For  Treaty  Party  Argument,  see  1,  2,  3,  4,  and  5  in  report  of  Committee  on 
Indian  Affairs,  Senate  Doc.  No.  298,  Twenty-ninth  Congress,  first  session;  House 
Doc.  No.  185,  Twenty-ninth  Congress,  first  session. 


POWERS  OF  THE  ATTORNEY-GENERAL. 

The  Attorney-General  has  no  power  to  give  opinions  concerning  any  matters  pend- 
ing in  Congress  upon  request  of  either  of  the  Houses  or  of  any  committee. 

On  January  20,  1869,  Hon.  Wm.  M.  Evarts,  Attorney-General  of  the  United  States, 
confirmed  the  uniform  opinion  of  the  Attorneys-General  of  the  United  States 
as  set  forth  by  Attorneys-General  Wirt,  Taney,  Crittenden,  and  Bates  (1  Op.,  335;  2 
ib.,  199;  5  ib.,  561;  10  Lb.,  164),  "that  it  was  not  competent  for  the  Attorney- 
General  to  give  opinions  concerning  any  matters  pending  in  Congress  upon  the 
request  of  either  of  the  Houses  or  of  any  committee, "  for  the  reasons  set  forth  in 
those  opinions.  (\2  <)p.  Atty.  Gen.,  544.)  Attorney-General  Wirt  (1  Op.,  320)  says, 
September  14,  1821,  in  regard  to  the  act  of  Congress  which  prescribes  the  duties  of 
the  Attorney-General:  ''This  act  limits  me  to  questions  of  law  propounded  by  the 
President  and  heads  of  departments;  and  to  these  limits  I  have  made  it  a  rule  to 
confine  myself,  on  fche  ground  that  in  a  government  purely  of  laws  no  officer  should 
be  permitted  to  stretch  his  authority  and  carry  the  influence  of  his  office  beyond  the 
circle  which  the  positive  law  of  the  land  has  drawn  around  him.  (See  also  1  Op. ,  21 1, 
June  ll\  lsis;  l  Op.,258,  December  22,  1818.) 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 


55 


Attorney-General  J.  J.  Crittenden.  June  15, 1852,  declines  an  opinion  requested  by 
a  committee  of  Congress,  on  the  ground  of  Attorney-General  Wirt's  opinion  of  Feb- 
ruary 3,  1820  (1  Op.,  216),  and  says  as  to  his  duties:  "  Those  duties  are  prescribed 
and  limited  by  law,  by  his  commission,  and  his  oath  of  office.  *  *  *  To  answer 
the  questions  you  hare  been  pleased  to  propose  does  not  fall  within  the  limits  of 
the  duty  or  legal  power  of  the  Attorney-General,  but  would  be  a  wide  departure 
from  his  appointed  sphere  of  action. "    (5  Op.,  561.) 

Attorney-General  Edward  Bates,  December  14, 1861,  declining  to  give  an  opinion 
in  answer  to  a  resolution  of  the  United  States  Senate  requesting  it,  says  that  he 
would  be  "  compelled  to  decline  compliance  with  the  request  of  the  Senate,  on  the 
ground  that  in  the  absence  of  any  statutory  authority  to  give  official  opinions  to 
the  legislative  department  of  the  Government,  the  assumption  of  such  power  by  the 
Attornev-General  would  be  in  violation  of  his  oath  of  office,  and  of  dangerous 
example."    (10  Op.,  164.) 

Attorney-General  George  H.  Williams,  March  26, 1872,  says :  "I  find  that  my  pre- 
decessors in  office  have  made  numerous  decisions  to  the  effect  that  the  Attorney- 
General  is  only  authorized  to  give  his  official  opinion  upon  a  question  of  law 
submitted  to  him  for  that  purpose  by  the  President  or  the  head  of  one  of  the  Execu- 
tive Departments.  1  do  not  think  that  the  act '  to  establish  the  Department  of  Justice' 
(16  Stats.,  162)  changes  his  rights  or  his  duties  in  respect  to  his  official  opinions." 
(14  Op.  Atty.  Gen.,  21.) 

Attorney-General  Williams,  January  20,  1873,  requested  by  committee  of  United 
States  Senate  for  opinion  on  the  construction  of  Choctaw-Chickasaw  treaty,  says: 
"I  can  not  recognize  the  right  of  any  committee  of  Congress  to  call  for  such  an 
opinion  for  their  use  in  matters  of  legislation;  and  if  given  for  that  purpose  it  would 
be  entitled  to  no  more  consideration  in  Congress  than  the  opinion  of  any  other  indi- 
vidual presumed  to  have  a  knowledge  of  legal  matters.  *  *  *  My  authority  to 
give  such  opinions  is  confined  by  the  law  to  matters  which  concern  some  depart- 
mental action  of  the  Government."  (14  Op.  Attv.  Gen.,  177.)  (Opinions  cited  1  Op. 
253,  335,  492;  2  Op.,  499;  10  Op.,  164;  12  Op.,  544.) 

DUTY  OF  ATTORNEY-GENERAL. 

The  Attorney-General  is  not  authorized,  by  the  law  creating  and  defining  his  office, 
to  give  legal  opinions  at  the  call  of  either  House  of  Congress  or  of  Congress  itself. 
His  duty  to  render  such  opinions  is  limited  to  calls  from  the  President  and  heads  of 
departments. 

Attorney-General  Charles  Devens,  March  27,  1878,  declines  an  opinion  requested  by 
resolution  of  House  of  Representatives,  and  says:  "The  authority  of  the  Attorney- 
General  to  render  his  official  opinion  is  limited  by  the  laws  which  create  and  define 
his  office,  and  does  not  permit  him  to  give  advice  at  the  call  of  either  House  of  Con- 
gress or  of  Congress  itself,  but  only  to  the  President  or  the  head  of  an  Executive 
Department  of  the  Government."  (2  Op.,  499;  5  Op.,  561;  10  Op.,  164;  12  Op.,  544; 
14  Op.,  17;  14  Op.,  177,  cited.) 

It  is  not  the  duty  of  the  Attorney-General  to  give  opinions  on  questions  of  fact 
(Op.  Sept.  11,  1852,  5  Op.,  626;  April  3,  1820,  1  Op.,  346.) 

The  Attorney-General  will  not  give  an  opinion  on  a  case,  submitted  by  the  head 
of  a  Department,  which  is  not  pending  in  his  Department  and  subject  to  his  decision. 
(10  Op.,  50,  June  12,  1861;  10  Op.,  220,  April  2,  1862.) 

The  Attorney-General  will  not  give  a  speculative  opinion  on  an  abstract  question 
of  law  which  does  not  arise  in  any  case  presented  for  the  action  of  an  Executive 
Department.  (April  11,  1865,  11  Op.,  189.  see  also  July  20, 1868, 12  Op.,  453 ;  January 
8,  1872,  13  Op.,  568.) 


DOCUMENTS  ON  EMIGRANT  CHEROKEE  CLAIM. 


Xo.  on 
Poores 
index. 

Date. 

149 

149 

1822 
1,  7,  22 

210 

1,  30,  29 

201 

2,  29,  28 

203 

3,  22,  28 

Complete  and  valuable  statistics  of  Indians.    Jedediah  Morse  

Cherokee  and  Creek  treaties  violative  of  Georgia  sovereignty.  Report 

Committees,  10,  Seventeenth  Congress,  first  session,  Vol.  I  

Message,  President  Adams;  agreement  'with  Georgia  and  treaty  with 

Cherokees.    House  Ex.  Doc.  Xo.  95,  Twentieth  Congress,  second  session, 

Vol.  Ill  

Report  of  S.  F.  Vinton;  reviews  Indian  legislation;  plan  of  emigration. 

Political  Pamphlets.  Vol.  CXLII  

President  J.  Q.  Adams;  new  government  for  Cherokees.    House  Ex.  Doc. 

No.  211,  Twentieth  Congress,  first  session,  Vol.  V  


56 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 
Documents  on  emigrant  Cherokee  claim — Continued. 


No.  on 
Poore's 
index. 


Date. 


Pane. 


208 

1,  3,  29 

208 

1,8,29 

211 

2, 17, 29 

211 

2, 18,  29 

213{ 

213 
219 

A  pril. 
May,  1830. 
1830-1837 

2.  22,  30 

219 

2,  24,  30 

219 
219 
219 
219 
219 
219 

2,  23.  30 
2.  26,  30 
2,  27.  30 
2,  28,  30 
3, 1.  30 
3,  2,  30 

220 

3,  3,  30 

220 
220 
220 

3, 4,  30 
3,  6,  30 
3,  8,  30 

220 
221 
221 

3, 10,  30 
3. 17,  30 
3,19,  30 

221 
221 
221 

3,  22,  30 
3,  22,  30 
4,  2,30 

221 

4, 13.  30 

221 

1,15,31 

227 
228 
228 
228 
230 
230 

1,7,31 
1, 19,31 

1.  26.  31 
2,  3,31 

2,21.31 

2,  22,31 

235 

1,5,32 

240 

2,15,  32 

242 

3, 12, 32 

244 

3.  24,  32 

273 

5,  17,  34 

281 

6,  20,  34 

282 

6,  25,  34 

283 

10,31,34  ' 
3, 14,35 

307 

3, 15,  36 

313 

4,  30,  36 

Eeport  on  Indian  tribes— statistics,  lands,  numbers,  etc.    Senate  Doc.  Xo. 

27,  Twentieth  Congress,  second  session.  Vol.  I  

Senator  Prince ;  inquiry  as  to  law  needed  to  remove  Indians.    Senate  Doc. 

Xo.  31.  Twentieth  Congress,  second  session,  Vol.1  

John  Ross,  to  ask  interest  on  treaty  money.    House  Ex.  Doc.  Xo.  124. 

Twentieth  Congress,  second  session.  Vol.  Ill  

Indian  Committee  reports;  recommends  title  to  Indian  lands  and  fair 

treatment  to  them,  and  appropriation  for  their  removal.    House  Report 

Xo.  87,  Twentieth  Congress,  second  session  


^Speeches  in  Congress  on  removal  of  Indians  (Boston,  1830)  

History  of  Indians — tribes  of  Xorth  America  

Senate  committee  recommends  ample  appropriation  to  move  Indians.  Sen- 
ate Document,  Twenty-first  Congress,  first  session,  Vol.  II  

House  committee  recommends  ample  appropriation  to  move  Indians. 
House  Report  227,  Twenty-tirst  Congress,  first  session,  Vol.  II  

Burlington  ladies  memorialize  Congress  to  protect  Indian  rights  

Citizens  of  Xew  Jersey  memorialize  Congress  to  protect  Indian  rights  

Citizens  of  Connecticut  memorialize  Congress  to  protect  Indian  rights  

Citizens  of  Xew  Jersey  memorialize  Congress  to  protect  Indian  rights  

Citizens  of  Peunsylzauia  memorialize  Congress  to  protect  Indian  rights... 

Pennsylvania  Baptist  Association  memorialize  Congress  to  protect  Indian 
rights  

Legislature  of  Pennsvlvania  memorialize  Congress  to  protect  Indians  in 
rights  \  

Legislature  of  Indiana  memorialize  Congress  to  protect  Indians  in  rights. 

Citizens  of  Maine  memorialize  Congress  to  protect  Indians  in  rights  

Georgia's  jurisdiction  over  Indians.  Senate  Doc.  Xo.  98,  Twenty-first  Con- 
gress, first  session,  Vol.  II  

Citizens  of  Maine  memorialize  Congress  to  protect  Indian  rights  

Citizens  of  Massachusetts  memorialize  Congress  to  protect  Indian  rights. 

Laws  relating  to  Indians — State  and  Colonial — House  Reports  Xo.  316. 
Twenty-first  Congress,  first  session  

Citizens  of  Connecticut  memorialize  Congress  to  protect  Indian  rights... 

Tearlv  meeting  of  Friends  memorialize  Congress  to  protect  Indian  rights. 

President  Jackson's  message;  intrusion  Cherokee  lands;  State  paper  Xo. 
89,  Twenty-first  Congress,  first  session,  Vol.  Ill  

President  Jackson's  message;  expense  removal  of  Indians:  military 
needed  to  protect  them;  State  paper  Xo.  91,  Twenty-first  Congress,  first 
session.  Vol.  IV  

Cherokees  protest  against  claim  of  Georgia  to  lands  of  Cherokees.  House 
Ex.  Doc.  Xo.  57.  Twenty-first  Congress,  second  session.  Vol.  Ill  

Citizens  of  Pennsvlvania  "memorialize  Congress  to  protect  Indians  

 do  

American  Board  of  Foreign  Missions  petition  Congress  to  protect  Indians. 

Citizens  of  Massachusetts  memorialize  Congress  to  protect  Indians  

Citizens  of  Virginia  memorialize  Congress  to  protect  Indians  

President  Jackson's  message  recommends  removal  of  Indians  or  they  be 
compelled  to  submit  to  State  law.  Senate  Doc.  Xo.  65,  Twenty-first  Con- 
gress, second  session,  Vol.  II  

Cherokees  memorialize  as  to  removal  and  spoliations.  House  Ex.  Doc.  Xo. 
45,  Twenty-second  Congress,  first  session.  Vol.  II  

Message  on  removal:  Secretary  of  War's  Report.  House  Ex.  Doc. Xo.  116, 
Twenty-second  Congress,  first  session,  Vol.  IV  

Messageof  President  Jackson;  money  expended  in  removal.  House  Ex. 
Doc.  Xo.  171,  Twenty-second  Congress,  first  session,  Vol.  IV  

Report  on  expense  of  treaty  with  Cherokees.  by  Secretary  Cass.  House  Ex. 
Doc.  Xo.  181,  Twenty-second  Congress,  first  session.  Vol.  IV  

Cherokee  memorial  to  Congress  asking  protection  against  Georgia.  Senate 
Doc.  Xo.  386,  Twenty-third  Congress,  first  session,  Vol.  V  

Indian  Commissioner  recommends  that  President  ascertain  on  what  term  a 
Cherokee  claim  to  lands  in  Georgia  can  be  extinguished.  Senate  Doc. 
Xo.  465,  Twenty-third  Congress,  first  session.  Vol.  VI  

Cherokee  memorial  to  Congress  praying  protection.  Senate  Doc.  Xo.  486, 
Twenty-third  Congress,  first  session,  vol.  VI  

Indians  ^Secretary  of  War  relative  to  condition,  and  removal.  Senate  Doc. 
Xo.  1,  Twenty-fourth  Congress,  first  session,  Vol.  I  

Documents  on  emigration  of  Indians.  Senate  Doc.  Xo.  512,  Twenty-third 
Congress,  first  session,  Vols.  VII,  VIII,  IX,  X,  XI  

Abstract  of  expenditure  on  account  of  removal  and  subsistence.  House 
Doc.  Xo.  286,  Twenty-fourth  Congress,  first  session,  Vol.  VII.  (Ridge 
&  Schermerhorn  tre'aty)  

Commissioner  of  Indian  Affairs:  emigration.  Senate  Doc.  Xo.  1,  Twenty- 
fourth  Congress,  first  session,  Vol.  I  

Indian  Commissioner  recommends  exchange  Indian  lands  east  for  land 
west,  .ind  removal.  Senate  Doc.  Xo.  246,  Twenty-fourth  Congress,  first 
session,  Vol.  Ill  .*  

Cherokee  memorial,  praying  Congress  to  secure  just  iee  from  Tinted  States 
and  pay  interest  due  them.  Senate  Doc.  Xo.  340,  Twenty-fourth  Con- 
gress, first  session,  Vol.  V  


121 
4271 


414 


:  12 


MEMORIAL  OF  EASTERN  OE  EMIGRANT  CHEROKEE-. 
Documents  on  emigrant  Cherokee  claim — Continued. 


57 


Page. 


No.  on 
Poore's 
index. 


Date. 


316 
317 
313 


6,  3.  36 
6, 16,  36 
6,  22,  36 


319 

6,  28,  36 

338 

12, 15,  37 

344 

1,  8,  38 

345 

1, 12,  38 

347 

1,  22,  3& 

353 

2,  22,  38 

359 

4,  9,  38 

360 

4.  9, 38 

360 

4,  11,38 

361 

4, 19.  38 

361 

4,  19,38 

361 

4,  25,  38 

361 

5,  3,  38 

361 

5,  3,  38 

364 

5.21,38 

364 

5,21,38 

364 

5,21,38 

364 

5,  25,  38 

364 

5,  25, 38 

365 

5,  31,  38 

6, 1,  38 

365 

6,  5,  38 

365 

6.  5.  38 

368 

7,  3,  38 

380 

2,  6,  39 

380 

2,  6,  39 

383 

2,  23,  39 

383 

2,  25,  39 

392 

2,  38,  40 

Secretary  Cass  on  Indian  treaties  and  amount  needed  to  carry  them  out. 
Ex.  Doc.  No.  282,  Twenty-fourth  Congress,  first  session.  Vol.  VII  

Report  of  Secretary  Cass ;  Cherokee  emigration.  Senate  Ex.  Doc.  No.  403, 
Twenty-fourth  Congress,  first  session.  Vol.  V  

Memorial  of  Cherokee  Nation  denounces  treaty  of  1835  false  and  fraud- 
ulent.   Ex.  Doc.  No.  286.  Twentv-fourth  Congress,  first  session,  Vol. 

vii  :  

Report  relative  to  treaty  of  1835 ;  by  Lewis  Cass.  Ex.  Doe.  No.  290,  Twenty- 
fourth  Congress,  first  session,  Vol.  VII  

Memorial  of  Cherokee  Nation,  protesting  against  pretended  treaty  of 
1835.  Ex.  Doc.  No.  99.  Twenty-fifth  Congress,  second  session,  Vol.  V  

Secretary  Poinsett;  Cherokee  emigration.  Senate  Ex.  Doc.  No.  82, 
Twenty-fifth  Congress,  second  session,  Vol.  V  

Secretary  of  War  Poinsett  transmits  reports  and  correspondence  relative 
to  Cherokee  treaty  of  1835  

Indians;  providing*  for  their  removal.  Senate  Doc.  No.  416,  Twenty-fifth 
Congress,  Vol.  V  *  

Documents  relating  to  validity  of  Cherokee  treaty  of  1835.  Senate  Doc. 
No.  121,  Twenty-fifth  Congress,  second  session,  Vol.  II  

Indians;  memorial  of  Cherokees  in  behalf  of  Seminoles.  Senate  Doc.  No. 
285,  Twenty-fifth  Congress,  second  session,  Vol.  VII  

Memorial  denying  validity  of  treaty  of  1835.  Ex.  Doc.  No.  316,  Twenty- 
fifth  Congress,  second  session,  Vol.  IX  

Citizens  of  New  Jersey  protest  against  treaty  of  1835  

Vearly  meeting  of  Friends  protest  against  treaty  of  1835  

Citizens  of  Burlington  protest  against  treaty  of  1835   

Citizens  of  Pennsylvania  protest  against  treaty  of  1835  

 do  

Citizens  of  Xew  Jersey  protest  against  treaty  of  1835   

Legislature  of  Massachusetts  protests  against  treaty  of  1835  

Citizens  of  Xew  Jersey  protest  against  treaty  of  1835   

Vermont  protests  against  treaty  of  1835   

Ohio  protests  against  treaty  of  *1835  

Pennsylvania  protests  against  treaty  of  1835  

President  Van  Buren  transmits  copy  of  letter  of  Secretary  of  VTar  to 
Cberokee  delegation  relative  to  their  removal.  Ex.  Doc.  No.  376, 
Twenty-fifth  Congress,  second  session.  Vol.  X  

Secretary  of  "War  Poinsett  estimates  for  funds  for  additional  allowance  to 
emigrate  Cherokees.  Ex.  Docs.  Xos.  401  and  410,  Twenty-fifth  Congress, 
second  session,  Vol.  X  

Secretary  Poinsett  reports  that  Cherokee  delegation  has  agreed  to  coope- 
rate in  removal  of  Cherokees.  Senate  Doc.  No.  461,  Twenty-fifth  Con- 
gress, second  session,  Vol.  V  

Indians;  report  of  Secretary  of  War  relative  to  appropriation  for  benefit  of 
Cherokees.  Senate  Doc.  No.  466,  Twentv-fifth  Congress,  second  session, 
Vol.  V  

Pavment  to  Cherokees  on  account  of  improvements  and  spoliations.  Ex. 
Doc.  No.  410.  Twenty-fifth  Congress,  second  session,  Vol.  X  

Secretary  of  War  explains  to  General  Scott  arrangements  made  with  John 
Boss.    House  Doc.  Xo.  253,  Twenty-fifth  Congress,  second  session,  Vol.  II. 

Indians,  Cherokees;  in  relation  to  the  number  remaining  east  of  Missis- 
sippi. Ex.  Doc.  No.  82,  Twenty-fifth  Congresss,  second  session.  Vol.  VIII. 

Indian  Committee  recommend  appropriation  to  Cherokees  to  hasten  their 
removal  (Senator  White).  Senate  Doc.  No.  464,  Twenty-fifth  Congress, 
second  session.  Vol.  V  

Indians :  George  Duvall  and  others:  Cherokee  claims  for  property,  with  list 
of  claims.  Report  of  committee,  824,  Twentv-fifth  Congress,  second  ses- 
sion, voi.  iv.:  

President  Van  Buren  transmits  correspondence  with  governor  of  Georgia 
as  to  modification  of  Cherokee  treaty  of  1836.  Ex.  Doc.  No.  421,  Twenty- 
fifth  Congress,  second  session.  Vol.  X  

Secretary  Poiusett  transmits  correspondence  on  Cherokee  removal.  Ex.  | 
Doc.  Xo.  453,  Twenty-fifth  Congress,  second  session,  Vol.- XI  

Indians  who  have  emigrated.  Senate  Doc.  No.  88,  Twenty-fifth  Congress, 
third  session.  Vol.  II  

Indians,  representing  removal  of.  Ex.  Doc.  No.  2,  Twenty-fifth  Congress, 
third  session.  Vol,  I  

Indians,  Cherokee:  pay  to  guard  accompanying  emigrating.  Ex.  Doc.  No. 
61,  Twenty-fifth  Congress,  third  session,  Vol.  Ill  

Expense  in  negotiating  treaty  of  1835.  Senate  Doc.  No.  199,  Twenty-fifth 
Congress,  third  session.  Vol.  II  

Expense,  etc.,  of  commissions  on  claims  under  treaty  of  1835.  Senate  Doc. 
No.  198,  Twenty-fifth  Congress,  third  session,  Vol".  VII  

Number  and  condition  of  Cherokees  in  North  Carolina.  Ex.  Doc.  No.  224, 
Twenty-fifth  Congress,  third  session,  Vol.  V  

Execution  of  treaty  of  1835;  persons  employed,  interest,  compensation, 
property,  relation,  etc  

Memorial  of  Cherokees  praying  justice.  House  Doc.  No.  129,  Twenty-sixth 
Congress,  first  session,  Vol.  Ill  -  

Cherokee  Indians ;  documents  and  correspondence  x-elating  to  emigration, 
etc.    Senate  Doc.  No.  1,  Twenty-sixth  Congress,  first  session,  Vol.  I  


36 
376 

167 
1 
49 
13 
1090 
1 
43 


100 
117 

349 


58 


MEMORIAL  OF  EASTERN  OR  EMIGRANT  CHEROKEES. 
Documents  on  emigrant  Cherokee  claim — Continued. 


No.  on 
Poore's 
index. 


Date. 


2,  38,  40 


Page. 


3,  2, 40 
3, 24, 40 
4,  20,  40 
3,  24, 42 

6, 1,  42 

7,  29,  42 

8,  27,  42 
1,  23,  43 

1, 31,  43 

3,  2,  43 
3, 14,  44 
3,  30, 44 

3, 30, 44 
4, 13, 44 
1,1,45 


1,  9,  45 


2,  22,  45 


4, 13,46 

4,  13,  46 
4, 18, 46 
4,  30, 46 
6,  2,  46 
6, 16,  46 

2,  17,  47 


Indians;  documents  and  correspondence  relating  to  emigration,  etc.  Sen- 
ate Doc.  No.  1,  Twenty-sixth  Congress,  first  session,  Vol.  I  

Memorial  of  Cherokee  Nation,  West.  Ex.  Doc.  No.  162,  Twenty-sixth  Con- 
gress, first  session,  Vol.  IV  

Indians,  emigrating,  pay  guard  to.  Ex.  Doc.  No.  165,  Twenty-sixth  Con- 
gress, first  session,  Vol.  IV  

Cherokee,  interference  of  officers  with,  in  formation  of  government.  Ex. 
Doc.  No.  188,  Twenty-sixth  Congress,  first  session,  Vol.  IV  

Indian  department,  Cherokee  disturbances.  Ex.  Doc.  No.  2,  Twenty-sixth 
Congress,  second  session,  Vol.  I  

Secretary  Poinsett ;  report  on  Ridge  and  Boudinot  difficulties.  Senate  Doc. 
No.  347,  Twenty-sixth  Congress,  first  session,  Vol.  VI  

Poinsett  recommends  appropriation  to  move  Indians  from  Fort  Wayne. 
Senate  Doc.  No.  320,  Twenty-sixth  Congress,  first  session,  Vol.  VI  

John  Ross;  memorial  as  to  discussion  between  East  and  West  Cherokees. 
House  Doc.  No.  222,  Twenty-sixth  Congress,  first  session.  Vol.  VI  

Senator  J.  T.  Morehead ;  report  on  Cherokee  Indians.  Senate  Doc.  No.  200, 
Twenty-seventh  Congress,  second  session,  Vol.  Ill  '  

Letter  of  Secretary  J.  C.  Spencer  as  to  Cherokee  affairs.  House  Doc.  No. 
237,  Twenty-seventh  Congress,  second  session,  Vol.  VI  .,  

M.  A.  Cooper  (M.  C.) ;  report  on  Cherokee  Indians.  Demands  of  President 
information.  House  Report  No.  960,  Twenty -seventh  Congress,  second 
session,  Vol.  V  

House  Report  No.  1098,  Twenty-seventh  Congress,  second  session,  Vol. 
V,  on  removal;  very  important  

Memorial  of  Cherokees  asking  adjudication  of  claims  under  treaty  of  1836. 
D.  Taylor,  P.  F.  Morris,  J.  K.  Rogers.  House  Doc.  No.  93,  Twenty- 
seventh  Congress,  third  session,  Vol.  Ill  

Message  of  President  Tyler  on  Cherokee  claims  Commissioner's  instructions 
and  estimates.  House  Doc.  No.  110,  Twenty-seventh  Congress,  third  ses- 
sion, Vol.  IV  '.  

House  Report  No.  288,  Twenty-seventh  Congress,  third  session,  Vol.  IV, 
on  removal;  very  important  

Report  of  Secretary  William  Wilkins  on  condition  of  Cherokees.  Senate 
Doc.  No.  229,  Twenty-eighth  Congress,  first  session,  Vol.  IV  

Majority  and  minority  reports  on  Cherokee  claims  (C.Johnson).  House 
Report  No.  391,  part  1,  Twenty-eighth  Congress,  first  session,  Vol.  II  

Resolutions  relative  to  land  upon  which  Fort  Cedar  Bluff  is  located.  Ex. 
Doc.  No.  130,  Twenty-eighth  Congress,  second  session,  Vol.  Ill  

Memorial  of  Western  Cherokees;  Chief  John  Rogers  gives  history,  etc. 
House  Doc.  No.  235.  Twenty-eighth  Congress,  first  session,  Vol  V  

Treaty  party;  memorial,  with  views  of  a, just  settlement.  House  Doc.  No. 
234,  Twenty-eighth  Congress,  first  session,  Vol.  V  

Cherokee  memorial  asking  pay  for  property  sold  in  North  Carolina  by 
United  States  agents.  Senate  Doc.  No.  90,  Twenty-eighth  Congress, 
second  session,  Vol.  Ill  

Report  of  Secretary  of  War  relative  to  removal  and  subsistence.  Senate 
Doc.  No.  86,  Twenty-eighth  Congress,  second  session,  Vol.  Ill  

Resolutions  of  North  Carolina  legislature  asking  immediate  payment  of 
just  claims  of  Cherokees  

Cherokee  Indians  in  North  Carolina  Ex.  Doc.  No.  106,  Twenty-eighth 
Congress,  second  session,  Vol.  Ill  

Report  of  Secretary  William  Wilkins  on  Cherokee  difficulties;  complaint 
of  treaty  party  in  not  receiving  per  capita  valid;  recommends  new 
treaty;  Cherokee -outrages;  Secretary  Of, War.  Senate  Doc.  No.  140, 
Twenty-Eighth  Congress,  first  session.    Vol.  IV  

Cherokee  outrages.  House  Doc.  No.  92,  Twenty-ninth  Congress,  first  ses- 
sion, Vol.  IV  v  

Report  of  Indian  Commissioners  on  memorial  of  Preston  Sterritt.  Senate 
Doc.  No.  228,  Twenty-ninth  Congress,  first  session,  Vol.  V  

President  Polk's  report  on  Cherokees:  legislation  needed;  Army  useless; 
troubles  very  serious.  House  Doe.  No.  185,  Twenty-ninth  Congress,  first 
session,  Vol.  VI  

President  Polk  on  Cherokee  feuds.  Senate  Doc.  No.  298,  Twenty-ninth 
Congress,  first  session,  Vol.  V  

Commissioner  of  Indian  Affairs  Medill  on  Cherokee  feuds.  Senate  Doc. 
No.  301,  Twenty-ninth  Congress,  first  session,  Vol.  V  

John  Ross  replies  to  President  and  Commissioner.  Senate  Doc.  No.  331, 
Twenty-ninth  Congress,  first  session,  Vol.  VII  

House  Report  No.  (>8:>.  T wenty-nint li  Congress,  first  session,  Vol.  Ill, 
recommends  removal  and  subsistence  of  North  Carolina  Cherokees  

.Memorial  o1  North  Carolina;  Cherokees  ask  per  capita  as  per  articles  8-12, 
treaty  of  in:;.").  Senate  Doe.  No,  408.  Twenty-ninth  Congress,  firs,  t  session.. 

Report'  Otl  memorial  of  I'rcston  Slarritt  and  otliers.  Senate  Doc.  No.  185, 
Twenty-ninth  Congress,  second  session,  Vol.  Ill  

Senator  S.  .larnigan's  report  on  memorial  of  David  Vann  and  William  I*. 
Ross.    Senate  Doc.  No.  157,  Twenty-ninth  Congress,  second  session,  Vol. 


Ill 


Report  of  K.  T.  Perry.  Hx.  Doc.  No. 4,  Twenty-ninth  Congress,  second  ses- 
sion, Vol.  I  

Repor  t  ofS.  A.  Worcester.  Hx.  Doc.  No.  4,  T went y-nint h  Congress,  second 
session  • 


100 


36 


143 


233 
224 
9 
59 
5 
24 
1 

10 
359 


MEMORIAL  OF  EASTERN   OR  EMIGRANT  CHEROKEES. 
Documents  on  emigrant  Cherokee  claim — Continued. 


59 


Xo.  on 
Poores 
index. 

535 


Date. 


1, 15,47 


542    12, 21,  4- 


559 
560 
561 
567 

570 

575 

576 
577 

593 


871 
910 


5, 10,  48 
5, 19,  48 
6, 13, 48 
12,  8, 48 

1, 15, 49 
3, 15,  49 


i  12,37,49 
!  8,20,50 


640  ;    3,  20,  54 


656 
657 


1,  29,  68 
3,  28,  70 


Page. 


Report  of  Commissioner  of  Indian  Affairs;  instruction  to  commissioner 
under  article  17,  Cherokee  treaty  of  1835.  Senate  Doc.  Xo.  113,  Twenty- 
ninth  Congress,  second  session,  Vol.  Ill  ...  20 

Report  of  J.  Hitchcock.   Ex.  Doc.  No.  4,  Twenty-ninth  Congress,  second  i 
session,  Vol.  I   361 

Memorial;  Cherokees  ask  redress  account  reservations,  preemptions,  and 
indemnities,  and  spoliations.  House  Mis.  Doc.  Xo.  8,  Thirtieth  Congress, 
hrst  session   71 

Report  of  J.  McKisick,  agent  for  Cherokees.  Ex.  Doc.  Xo.  8,  Thirtieth 
Congress,  first  session,  Vol.  I   881 

Secretary  W.  L.  Marcy ;  report  of  Commission  on  (  herokee  Claims  under 
treaty  1835.  House  Ex.  Doc.  Xo.  63,  Thirtieth  Congress,  hrst  session, 
Vol.  VII  

President  Polk  sends  report  of  Commissioner  of  Indian  Affairs  W.  Medill,  | 
stating  settlement  with  Cherokees  under  treaty  1840.    House  Ex.  Doc. 
Xo.65,  Thirtieth  Congress,  first  session,  Vol.  VIII  

Memorial  of  Cherokees;  R.  Taylor  and  R.  B. Daniel  protesting  against  set-  | 
tlement  proposed  hy  Commissioner  of  Indian  Affairs.    Senate  Mis.  Doc. 
Xo.  145,  Thirtieth  Congress,  first  session,  Vol.  I  

Memorial  of  Judge  Wind  and  others,  asking  payment  to  Cherokees.  House 
Mis.  Doc.  Xo.  40,  Thirtieth  Congress,  third  session,  Vol.  1   2 

Report  of  R.  C.  .Brown,  agent  for  Cherokees.  Ex.  Doc.  Xo.  1,  Thirtieth 
Congress,  second  session.  Vol.  I,  p.  515  

Report  on  Cherokee  claims;  Commissioners  A.  K.  Parris  and  John  M. 
McCalla.  Senate  Ex.  Doc.  Xo.  12,  Thirtieth  Congress,  second  session, 
Vol.  I   4 

Memorial  of  William  P.  Ross;  claims  Western  Cherokees  have  heen  de- 
prived of  certain  rights.  Senate  Doc.  Xo.  3,  Thirtieth  Congress,  special 
session  

Detailed  statement  claims  by  Comptroller  A.  K.  Parris,  Second  Auditor  P.  j 
Clayton.    Ex.  Doc.  Xo.  29,' Thirty-first  Congress,  first  session,  Vol.  VII  . .  3 

Report  on  Cherokee  claims  by  Comptroller  Parris  and  Auditor  McCalla. 
Senate  Doc.  Xo.  6,  Thirty-first  Congress,  first  session,  Vol  VI,  p.  4.  (Same 
as  on  index  p.  570)  '  

Senator  Sebastian ;  report  on  subsistence  and  interest,  August  8.  1850.  Sen- 
ate Report  Xo.  176,  Thirty-tirst  Congress,  first  session,  Vol.  1   10 

Senate  Document  Indian  Affairs  in  relation  to  claims  against  Western  | 
Cherokee  Indians.   Senate  Doc.  Xo.  32,  Thirty-second  Congress,  first 
session.  Vol.  VII,  p.  1  

Report  of  Geo.  Butler,  Cherokee  Agency.   Ex.  Doc.  Xo.  2,  Thirty-second  | 
Congress,  second  session.  Vol.  II,  p.  379  

Report  on  Xorth  Carolina  Cherokees,  claiming  money  under  1835,  1846:  1 
favorable.    House  Report  2S'o.  122,  Thirty-third  Congress,  first  session, 
Vol.  II,  p.  13  

Cherokees.  east  and  west  of  Mississippi  River;  letter  from  the  Secretary  of 
War  relative  to  an  appropriation.  Ex.  Doc.  Xo.  85,  Thirty-third  Con- 
gress, first  session,  Vol.  X  i  

Commissioner  G.  W.  Many  penny  ;  Cherokee  per  capita  claim  under  treaty 
of  1835-1846.    House  Mis.  Doc.  Xo.  16,  Thirty-third  Congress,  second  j 
session,  Vol.  I  :  3 

President  Pierce  sends  letter  of  Secretary  of  Interior  for  payment  of 
interest  due  Cherokees.  Senate  Ex.  Doc.  "Xo.  29,  Thirty-third  Congress, 
second  session,  Vol.  VI  

Cherokee  Indians,  execution  of  the  law  giving  pensions  to;  Senate  Doc.  | 
Xo.  95,  Thirty -fourth  Congress,  first  session,  Vol.  I  I  

Cherokee  courts;  correspondence  relative  to  conflict  of  jurisdiction  between 
the  Federal  and.  Ex.  Doc.  Xo.  113,  Thirtv-fourth  Congress,  first  session, 
Vol.  XII  

Cherokee  neutral  lands.  House  Ex.  Doc.  Xo.  132,  Fortieth  Congress,  second  i 
session,  Vol.  XI  

Cherokee,  treaty  pending  and  land  west.    Senate  Mis.  Doc.  Xo.  98,  Forty-  j 
first  Congress,  second  session   100 


o 


